June 28th, 2012
12:19 PM ET
2 years ago

Ruling plays into campaign narrative for both sides

Washington (CNN) - The U.S. Supreme Court's narrow upholding of the health care reform law's constitutionality will launch a complex political ballet, with President Barack Obama and Democrats claiming victory and Republicans vowing to "repeal it lock, stock and barrel."

In a complicated 5-4 decision, the court upheld the law and found that the so-called individual mandate can be constitutional under Congress's taxing power - but not under the Commerce Clause of the Constitution, as the government originally had argued.

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Filed under: Health care • Supreme Court
soundoff (25 Responses)
  1. Ideas, Ideals, not ideologies

    Didn't Toobin say the law was dead?

    June 28, 2012 12:23 pm at 12:23 pm |
  2. November 6, 2012 -- The Start of the Second American Revolution

    In a complicated 5-4 decision, the court upheld the law and found that the so-called individual mandate can be constitutional under Congress's taxing power – but not under the Commerce Clause of the Constitution, as the government originally had argued.
    =======================================================================================
    So Obama and the Democrats LIED to the American people in order to get this fiasco passed and now the chief justice of the USSC validates their treachery by justifying it for them. There was NO basis in this law for this to be called a tax and it was specifically DENIED to be a tax by the Democrats.

    If this does not PROVE that the leftists Democrats and judges cannot be trusted to protect your rights and freedoms, I don't know what does. It is the ultimate in "the end justifies the means". The American people will NOT tolerate this Democrat treachery. November will see the end of this country's leftist Democrat nightmare and the return of our freedom.

    June 28, 2012 12:28 pm at 12:28 pm |
  3. Sniffit

    "November will see the end of this country's leftist Democrat nightmare and the return of our freedom."

    You remain perfectly free to choose not to buy insurance and instead pay the tax, dipsy doodle.

    Enter pseudo-militia weekend daycamp warrior wannabes yammering about revolooshun, stage right...

    June 28, 2012 12:32 pm at 12:32 pm |
  4. Myviewis

    Congratulations Democrats and President Obama!! You Win!!!! The IRS is now Constitutionally empowered to impose the TAX LAW that all individuals must buy a health insurance policy or face consequences with the IRS. For small businesses, this means that companies must keep the number of employees under 50 so not to have to under the TAX Law buy health insurance policies for all employees and they won't have to face expensive Fines.

    June 28, 2012 12:42 pm at 12:42 pm |
  5. Sniffit

    Form over substance. Whether it's called a tax or not, EVERYONE in Congress knew precisely how it worked and the mechanisc of the mandate were not a secret when they voted on it. The only people who didn't and still don't understand the ACA and the mechnics of the mandate are the ones who wear tinfoil hats plugged directly into Faux Noise and Crossroads Radio, listening to a constant stream of batty propaganda, McCarthyist misinformation campaigns and conspiracy theories from peolpe like the Limbot, Biopolar Beck and Sean "Clownshoes" Hannity.

    June 28, 2012 12:44 pm at 12:44 pm |
  6. Sniffit

    "For small businesses, this means that companies must keep the number of employees under 50 so not to have to under the TAX Law buy health insurance policies for all employees and they won't have to face expensive Fines."

    I've got this bridge for sale....

    June 28, 2012 12:45 pm at 12:45 pm |
  7. Myviewis

    Sniffit – you are a practicing attorney – explain to me how having to buy a health insurance policy which is now a TAX handled by the IRS beneficial to the states? Does the IRS fine the individual if the person did not purchase an insurance policy and the state gets that money? I didn't hear the whole report on CNN

    June 28, 2012 12:45 pm at 12:45 pm |
  8. Myviewis

    Sniffit – why a bridge for sale?? You don't think companies will reduce employees to under 50 so not to have to buy health insurance policies for all their employees? We're not talking about WalMart.

    June 28, 2012 12:48 pm at 12:48 pm |
  9. GROVER NORQUIST IS A ENEMY OF THE STATE/ConservaFASCISTS

    This "mandate" has no teeth. If you don't pay the imposed fine, the IRS can not come ofter your wages. It's NOT ENFORCEABLE!!!

    June 28, 2012 12:51 pm at 12:51 pm |
  10. WireweirdinSF

    It would sure be nice if CNN and any of the other liberally biased media would keep playing the speech where he said that the individual mandate was not a tax, so everyone could see how he and the rest of the corrupt democrat liberals lied.

    June 28, 2012 12:55 pm at 12:55 pm |
  11. jean2009

    The last time I checked each person would be charged a premium from their wages for insurance....just like the FICA tax is withheld. I'm sure employers have accountants who can figure it out.

    I doubt a true intelligent business person who wants their business to grow, will be so ignorant as to limit their employees to 50 to avoid their employees purchasing a health insurance policy. Only in the mind of the moronic teapotty is ignorance bliss!

    June 28, 2012 12:58 pm at 12:58 pm |
  12. Rudy NYC

    Myviewis
    wrote:
    You don't think companies will reduce employees to under 50 so not to have to buy health insurance policies for all their employees?
    -----------–
    Nope. The companies are required to offer it, which means they can bundle the employees together and get health insurance from the exchanges. The law does not require the employer to pay for the health insurance in full, or in part, either.. The ACA only requires that the employer offer it.

    Now if you believe that will cause companies to lay people off, then I have a bridge for sale, too.

    June 28, 2012 01:00 pm at 1:00 pm |
  13. Sniffit

    "Didn't Toobin say the law was dead?"

    Indeed. Toobz was wrong. Personally, after Roberts' questions about the taxation power during oral argument, I had a strong suspicion that this was exactly where this was headed: Roberts was going to poop on the Commerce Clause's long-standing precedent and rely on the tax clause so he could simultaneously avoid being the guy who overturned the ACA,but throw the GOP/Teatrolls a bone to gnaw on for the election by claiming this means Obama raised taxes "and who cares that taxes are the lowest they've been since the 1950's...this is horrible because my broken ideology dictates that I'm supposed to be given a government that defines and protects my rights and freedoms without having to pay ANY taxes at all."

    June 28, 2012 01:04 pm at 1:04 pm |
  14. November 6, 2012 -- The Start of the Second American Revolution

    jean2009 - I doubt a true intelligent business person who wants their business to grow, will be so ignorant as to limit their employees to 50 to avoid their employees purchasing a health insurance policy
    ===========================================================================================

    Employer health expense = 50 x $0 = $0
    Employer health expense = 51 x $10,000 = $510,000

    Now THAT is real disencentive to hire one more employee!! You and Obama are two clueless peas in a pod. And they wonder why employers haven't been hiring and sitting on their earnings?!!

    June 28, 2012 01:08 pm at 1:08 pm |
  15. Myviewis

    I thought Obama was for raising taxes on the rich? I didn't realize Obama was for imposing a tax on the middle class, now individuals face having to purchase a health insurance policy to obey this new TAX LAW managed by the IRS!!!!!! Thanks President Obama for one more TAX!!!!!

    June 28, 2012 01:10 pm at 1:10 pm |
  16. mikle

    Obama lied to American people. No tax, no tax. Now it's tax,tax,tax.

    June 28, 2012 01:10 pm at 1:10 pm |
  17. maf

    GOP running out of room in the tiny corner they have painted themselves into.
    What are they going to tell Mitt to say next???
    ACA unconstitutional – Oops, it is!
    We will repeal it! – well that will take an amazing amount of smoke and mirrors from the 3 branches of government.

    What a huge waste of time and effort and $$$$
    President Obama is an expert at constitutional law. You didn't see this coming???

    Please start to be productive in the recovery process of the nation!!! When you ran on a JOBS platform across the board in 2010, you have yet to be effective in providing any kind of relief to unemployment.
    The President is looking pretty amazing getting as much done as he has with all the obstruction, filibustering and plain old negativity from the Republicans.

    Boehner, McConnell, Cantor etal had better be very careful about the vote against Holder. Should this backfire on them as well, well. . . what good is this version of the GOP at the moment.

    June 28, 2012 01:10 pm at 1:10 pm |
  18. Myviewis

    Okay guys, according to the CNN article I read small firms with more than 50 full-time employees do have to provide coverage to employees, if not than they must face a fine from the IRS. We will see in the months to come if companies do begin to cut down the number of employees to keep it under 50 or they'll start hiring temp workers or 1099 workers. Time will tell.

    June 28, 2012 01:15 pm at 1:15 pm |
  19. November 6, 2012 -- The Start of the Second American Revolution

    You can expect to see the number of people being hired to plummet like a rock. You can expect to see unemployment rise even more.

    Huge numbers of small businesses just got a huge new tax penealty or a huge new healthcare expense added to their income statement. Those that cannot afford it, will go OUT of business, and many will lose their jobs.

    All because the leftist Democrats LIED to the American people and the USSC validated their treachery. Well, this is what you get America when you put leftist Democrats in federal office and on the courts. You can thank Obama and the Democrats when your company closes.

    June 28, 2012 01:21 pm at 1:21 pm |
  20. Myviewis

    Go to the IRS website and read how employers have to report your health insurance policy on your W-2. IRS has the answers to all of our disagreements on their website.

    June 28, 2012 01:32 pm at 1:32 pm |
  21. lies from the right but mostly hate

    John ROBERTS is not a leftist judge, nov 6 the "sky is falling the sky is falling "said chicken little

    June 28, 2012 01:32 pm at 1:32 pm |
  22. Fair is Fair

    Nobody seems to be talking about the Medicaid portion of this ruling.

    From what I see, the court, by a 7-2 vote, stated that states DO NOT lose existing federal Medicaid funding should they choose not to participate in "expanded Medicaid". Which basically means that about 50% of those uninsured will STILL be uninsured should their state choose to not participate. Further, the SCOTUS chose to hear this case mainly on the plea of 26 state's Attorneys General regarding this unfunded mandate.

    So chew on that while you're doing your little "victory" dance.

    June 28, 2012 01:43 pm at 1:43 pm |
  23. Independent

    Some people finally have to take care of their own healthcare costs. This is good for all of us that pay for our own healthcare.

    June 28, 2012 01:59 pm at 1:59 pm |
  24. Rudy NYC

    You conservatives are misguided. The requires that employers provide a health care plan, but it does not require that the employer pay for it in full, or in part.

    June 28, 2012 02:02 pm at 2:02 pm |
  25. Woman In California

    To: Myviewis and November 6, 2012

    Calm down. I am not a lawyer but I work with them and with EVERY SC decision (remember Roe v Wade, etc.), there will be people (such as yourselves) NOT happy with their decisions, but remember, THIS TOO, SHALL PASS. Although the market may be down today – nothing new. The market has been up and down now for quite a while and sooner or later people will have to come to terms with this, accept it as LAW and move on or OUT of this country. The choice is yours.
    Have a nice day because I will regardless.

    June 28, 2012 02:09 pm at 2:09 pm |