Supreme Court Upholds Health Care Law
The ruling finds the federal mandate constitutional.
The Supreme Court has ruled in a 5-4 decision to uphold the Affordable Care Act, declaring its individual mandate to be constitutional.
The argument against the constitutionality of the individual mandate had been that it violated states' rights, but proponents cited the Constitution's commerce clause as justification. However, the court seems to have found a way around the argument, ruling that the mandate was constitutional anyway under Congress's ability to tax.
In other words, the government can't force you to buy insurance, but Congress can tax you if you don't.
Considered to be the defining domestic policy acheivement for President Barack Obama, the Affordable Care Act -- often referred to as "Obamacare" -- has been a political lightning rod since it was passed in March 2010 by Democrats along party lines with virtually no Republican support.
Supporters of the law have insisted that it would provide coverage to millions of Americans who could not find or afford coverage before, lower health care costs in the long run and prohibit insurance companies from refusing to cover sick people.
Opponents have insisted that the law is a massive government overreach that will further balloon the nation's deficit without bringing health care costs down and will cost the nation millions of jobs as the new regulations strangle businesses.
What do you think about the ruling? Tell us in the comment section below!
Gene Porter
12:15 pm on Thursday, June 28, 2012
This is an awesome decision for the American people. This will improve the health care for all Americans even if they don't know it yet. Several years from now those people who were against it will be firmly for Obamacare.
Jane Wolk Wheeler
2:06 pm on Thursday, June 28, 2012
I agree Gene! This shows that we are on our way back to being a nation that cares more about its people than corporations and millionaires.
Good Year
1:06 pm on Thursday, June 28, 2012
It's a sad day for the average hard working American citizen. We already pay nearly half our earnings to the various levels of government in the form of taxes. Now we will be burdoned with yet another tax. We don't need to wait several years to see the results Gene, just look at Europe and see how socialism is working out for them.
Jane Wolk Wheeler
2:10 pm on Thursday, June 28, 2012
Crappy argument Good Year. The economic issues in Europe have nothing to do with their health care system. Don't starts spewing that "oh we're so scared of socialism" baloney. I don't buy it and it's folks like you that make me sure about my stance. And maybe if we can improve public education, future generations who feel burdened will be able to spell it correctly.
Robert E
2:14 pm on Thursday, June 28, 2012
This is not socialism buying commercial is the furthest thing from socialism. The system this is replacing is socialism your tax dollars are paying for people who do not have insurance under this program everybody will have to pay their own way. If you want to talk about socialism just look at Sweden it's a total sucsess story.
Tuna man
2:18 pm on Thursday, June 28, 2012
It's a case of history repeating itself. We are now more of a welfare country then ever before. If you know history then you know what helped the downfall of ancient Greece and Rome. The state had to provide for all citizens even those who decided not to work. It's the same now in Europe as the state provides everything and taxes all things and they are now about to go under. So it is just a matter of time before we go under too. Social anything doesn't work but we are doomed to repeat it again.
nptresident
10:46 am on Saturday, June 30, 2012
Oh brother. Hyperbolate much?
Good Year
2:50 pm on Thursday, June 28, 2012
Right on StarKist, I don't need the goverment to take care of me. We as citizens are only obligated to take care of those who are unable to take care of themselves. Big government people like Jane don't understand how dangerous it is to give the government this much power. Now they can force us to buy a product from a private company, what is next?
Jane Wolk Wheeler
5:06 pm on Thursday, June 28, 2012
Good Year. Please don't label me. Did I say I was a "Big Government" person? I am an efficient government person. I am an effective government person, I am a just government person, I am a human- centered government person. Size has little to do with what constitutes good government.
Tuna Man, "even those who decided not to work"? DECIDED NOT TO WORK? It's not the same now. If there are people benefiting from social services because they have DECIDED not to work and not because they CANNOT work it is a failure of the administration of the system not the idea itself.
Damn Yankee
5:25 pm on Thursday, June 28, 2012
It appears that the administration fails time and time again then. Look at the projects in Newport, what do you see? I'll tell you what you will see, 3 generations of the family living in the same project in three separate apartments and that has been their home for as long as they can remember. These people choose not to work, their children are in school all school year long while they are sitting home doing absolutely nothing. Just doesn't make sense. Now we have to provide them with cell phones and internet yet I know working people who barely make too much for foodstamps and they can't afford cell phones. Where has this sense of entitlement come from??? SMH!!!
Jane Wolk Wheeler
6:26 pm on Thursday, June 28, 2012
Well, what do you propose as a solution to such a problem? How do you suggest the folks who really do need assistance get it while those who abuse the system are shut off? What's the fix? If the programs are eliminated, the weakest will suffer the most...
Getting back to health care, which is the subject here, this means less ER visits which are VERY costly and better preventive care for ALL. That's a cost savings right there.
Mark D
7:40 am on Friday, June 29, 2012
We have to stop incentivizing welfare. When it is easier to say no to extra hours at work because it will reduce your section 8 housing allowance, the system is broken. When it is easier to say no to extra hours at work because it will reduce your earned income credit, the system is broken. When it is easier to get pregnant agian then go back to work, the system is broken. I work two jobs and have massive medical bills and insurance, but still have massive bills in excess of $50,000, and I can't get one cent of help from the state. But is I was a woman all I need to do is get pregnant, then I am all set. The system doesn't force people off of it, it really incentivizes it, and teacher the next generation how to work it.
katherine
6:28 pm on Thursday, June 28, 2012
I guess now I have to pay taxes on stuff I don't buy.
J. Lane McMahon
11:40 pm on Thursday, June 28, 2012
Sure, just like the rest of us have been doing for years. I pay property taxes, the bulk of which support a school system, that I don't use.
And our Federal taxes have been paying for other peoples medical bills for years.
So what's your point?
katherine
1:34 pm on Friday, June 29, 2012
You pay property taxes because you bought a house. If you don't buy a house you don't pay property taxes. If you buy a car you pay taxes on that. If you don't buy a car you don't pay taxes on your neighbors car. If the government says I have to buy a Chevy volt, and it wouldn't surprise me if they did, and I buy an suv, then do I have to pay taxes on the value of the Chevy volt and the suv? We all know that buying a volt is good for the world since we are all going to melt quicker than the wicked witch of the west from global warming. Paying tax on something I DON'T buy is a completely new concept.
Robert E
2:45 pm on Friday, June 29, 2012
The tax you are paying on somthing you didn't buy defays the cost of the health care the rest of us are paying for you. When you don't buy health insurance the rest of us have to pick up the tab. Stop being such a free loader and pay your own way. If you don't buy a house then we should not have to pay for your apartment. If you choose not to buy a car we should not have to pay for your transportation. But if you dont buy health insurance you expect us to pay for your health care.
J. Lane McMahon
3:48 pm on Friday, June 29, 2012
katherine,
You can try to frame this as a new "tax" on something you don't buy all you want. It doesn't change the fact that the rest of us have been picking up the tab for the uninsured for years. And if you are one of those that chose not to pay for health care insurance in the past, welcome to the real world. Time to pay up!
In your way of thinking, those of us with insurance should be forced to pay for those that didn't buy it.
katherine
4:29 pm on Friday, June 29, 2012
I am not a freeloader and never have been. Thought I was a free person, but not so sure anymore.
katherine
5:14 pm on Friday, June 29, 2012
And by the way, McMahon. I didn't frame it as a tax for something you don't buy. The supreme court did.
Robert E
9:03 pm on Friday, June 29, 2012
katherine how is this any different then the state telling you you have to buy car insurance. The government tells people what the can and can't do all the time they are called laws. Just because you want to be a parasite on society doesn't mean you have the freedom to do it.
katherine
9:53 pm on Friday, June 29, 2012
Excuse me Robert, I am not a parasite. I am not concerned for myself. I am concerned for my country and everyone's freedom. Including yours. This bill is a disaster.
Robert E
11:55 pm on Friday, June 29, 2012
How about the freedom of affordable health care.
A really concerned citizen
7:46 pm on Thursday, June 28, 2012
Oh Man, don't you realize that not having an individual mandate costs those who have health insurance more ? Allowing those who have healthcare insurance to subsidize those who don't is closer to "socialism" than the other way around. We think it's OK to mandate car insurance but not health insurance, really ? I personally am tired of paying extra for those who are cavalier and irresponsible. By the way how's this capitalism working for you, or should I say, how's this plutocracy working ?
Jane Wolk Wheeler
10:05 pm on Thursday, June 28, 2012
Well said A really concerned citizen!
J. Lane McMahon
11:38 pm on Thursday, June 28, 2012
A society is only as great as it's weakest citizen.
Robert E
2:47 pm on Friday, June 29, 2012
Universal Health Care would not only let us join the ranks of countries (all industrialized countries plus others, except the U.S.) who do provide health care for their citizens, but it would eliminate the abuses of the private insurance companies. It would be the best way to drastically reduce corruption and fraud. It would be the best way to provide health care. I'm so very interested in what Vermont comes up with in their single-payer health care legislation.
Jack Baillargeron
5:30 pm on Friday, June 29, 2012
“A government big enough to give you everything you want is a government big enough to take from you everything you have,"
Gerald R. Ford
“I am for doing good to the poor, but...I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it. I observed...that the more public provisions were made for the poor, the less they provided for themselves, and of course became poorer. And, on the contrary, the less was done for them, the more they did for themselves, and became richer.”
― Benjamin Franklin
John ("Anything But Sue")
6:52 pm on Friday, June 29, 2012
LETS TRY THIS: I was raized in the 50s When I got sick, the Doctor came out to our apartment an diognosed the problem and treated it. HE had a doctors Bag with almost everything he needed. My mother then got a BILL...which she paid.. There was NO medical insurance in those days. Everything worked fine.
TODAY: WE are all INTITLED....
The Shill
8:56 pm on Friday, June 29, 2012
Yah and the average life expectancy in 1950 was 68.2 today it's 79. If you could get a doctor to come out to your house today it would cost you between $500 to $1000 try paying that. My doctor sent to diabetes education clases I sat in a romm with 10 other people while a nurse talked about different foods for four hours. Insurance did not cover it and I got a bill from the hospital for $600.00 times 10 the hospital got paid $6000.00 for a nurse to talk for four hours. I hope she got paid well because all the hospital supplied was a room.
Jack Baillargeron
9:21 pm on Friday, June 29, 2012
Yea Shill well its going to cost double that every year now until they get to the rationing like all the other country's have done with this in the end, or just go belly up like greece and cut like heck out of things or raise taxes so all you do is support the government not yourself like the EU. Hell of way to live. (not) Welcome to freebee's from those who work for those who don't.
What everyone leaves out is the fact that the population of the US is larger than all of the EU combined. This program is a nightmare that will destroy what the country was founded on, namely, SELF RESPONSIBILITY. Fortunatly It can now be straightened out by more intelligent people than those who never read it hopfully.
Because all the exemptions given to big business and Unions that do not even have to do anything 2018 will bankrupt everyone before we get 6 years down the road.
Jack Baillargeron
9:29 pm on Friday, June 29, 2012
Should add that this has never been even tried on a population of elible people more than 60 million, we have 300 milion. The larger it is the worse it will be as all government programs are, and yes they do ration in Britian and france the largest of population in the EU.
I laugh at so many who have not even read this bill when it passed, you have no clue what is in it. You think this thing is hunky dory, with out even knowing the what it entails. Yes I have read it over 20 tims or more now, and a lot of it still is ambiguous and just plain BS. There are so many ifs ands and buts it boogles the mind. Even the administration experts have stated many times it will end up leading to rationng of healthcare.
John ("Anything But Sue")
7:02 pm on Friday, June 29, 2012
OH: BTW: Our Supreme Court has just rendered itself IRRELEVANT. Very SAD because the Court was intended to be Neutral and ABOVE the Political.
J. Lane McMahon
9:09 pm on Friday, June 29, 2012
Irrelevant now? What about in 2000, when they stole they election for Bush?
J. Lane McMahon
9:08 pm on Friday, June 29, 2012
This country has had a socialism slant since FDR, but none of you complained unitl Obama showed up.
Jack Baillargeron
9:10 pm on Friday, June 29, 2012
Thats total BS J but then you new that.
J. Lane McMahon
9:20 pm on Friday, June 29, 2012
No Jack, it's quite true.
Too many morons out there confuse socialized medicine with socialized government.
What do you think SS and medicare/medicade are? Same for public education. Socialized programs.
And the only complaint anyone had about SS before Obama was that they were worried they wouldn't get theirs.
J. Lane McMahon
9:13 pm on Friday, June 29, 2012
First and foremost, the "Tax" that everyone is complaining about isn't really a tax at all. It's a penalty. The only people that will be paying it are people who resfuse to buy health care insurance. So if you have insurance, this ruling doesn't even affect you.
Jack Baillargeron
10:47 pm on Friday, June 29, 2012
How is it a penalty if the Supreme Court says it is a tax and why will be enforced by the IRS who will now be hiring the 16,000 new agents to enforce this according to the law
Not everyone gets SS or Medicare insurance. Medicaid is a State program that the Court said the law cannot control. They threw that part out.
Public Education is a right given to the States by the Constitution.
No where does the Constitution say healthcare is a right.
Driving is a privilege not a right. States can make you have insurance, because they maintain the roads and owning a car is a choice. There’s no federal mandate for vehicle insurance.
I think all this hoopla over this is putting the cart before the horse. My opinion is Roberts did something pretty slick here with the ruling of it being a tax. All day the Administration has been saying that it is not. Know why?
You cannot sue the government over a tax until you pay it, then and only then under the law can you get redress. This is far from over, for those reasons & many others.
I will say, having read the Health bill many times, there are some good things in it. However those can be done separately and should have been. This will be a nightmare if it goes through. It has never been tried anywhere with a population of 320 million people, think about that? This was rushed through with out even being read. Read it a few times, you will be amazed at what’s in it J. Many things have nothing to do with healthcare at all.
Robert E
11:58 pm on Friday, June 29, 2012
The tax is the penilty for not buying health insurance what is so hard about that to understand.
J. Lane McMahon
12:43 pm on Saturday, June 30, 2012
Jack,
Do me a favor, please list the article and section of the U.S. Constitution that says "Public Education is a right given to the States by the Constitution." You want to play the literal game? You might want to re-read the Constitution.
Jack Baillargeron
11:11 pm on Friday, June 29, 2012
Oh I forgot, you are right it is not called a "tax", the penalty in the Bill actual words call it an "excise Tax", but that still makes it a tax does it not? Or was Roberts wrong on that?
By the way, notice the other purposes, those are really scary. This Bill is far from the fix all give everyone healthcare, and has been from the start that way.
H. R. 3962
To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
1 Secretary of the Treasury shall coordinate the
2 assessment of penalties under this section in
3 connection with failures to satisfy health coverage
4 participation requirements with the imposition
5 of excise taxes on such failures under section 4980H
6 (b) of the Internal Revenue Code of 1986
Robert E
12:05 am on Saturday, June 30, 2012
Everybody can whine and cry about this but in the end the facts are that the supreme court ruled that it is constitutional that means it's constitutional period all your complaining does not change that fact. In a case like this one side is always happy and one side is not that's a fact of life get over it.
Joe Sousa.
7:01 am on Saturday, June 30, 2012
The law stands till we throw the bums out of Congress and the White House. Every time they want to tax more they create a villain. Freeloader because they don't have insurance ? Really? I pay Medicare and Medicaid out of my check every week. The socialist thinkers see things through dirty glasses . Their view is obstructed by liberal bull crap.
J. Lane McMahon
12:54 pm on Saturday, June 30, 2012
Joe,
do you understand wht happens when an un-insured person goes for treatment? They get hit with a huge bill and can not pay. Then, the Federal government picks up the tab. Guess where that money comes from.
The Shill
11:48 am on Saturday, June 30, 2012
Yes Joe that oft used [misused right wing word "tax" again. We're paying twice as much as virtually every country in the civilized word for overall inferior healthcare, [50 million uninsured] The money is instead going to a failed for windfall profit private healthcare industry. [That is forcing thousands upon thousands into bankruptcy] But paying twice as much to greedy pharmaceuticals and insurance companies is O.K. because Joe doesn’t call that a tax!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!OMG
The Shill
2:36 pm on Sunday, July 1, 2012
From Forbes Magazine:
In July of 1798, Congress passed - and President John Adams signed - "An Act for the Relief of Sick and Disabled Seamen." The law authorized the creation of a government operated marine hospital service and mandated that privately employed sailors be required to purchase health care insurance.Keep in mind that the 5th Congress did not really need to struggle overthe intentions of the drafters of the Constitutions in creating this Act asmany of its members were the drafters of the Constitution. And when the Bill came to the desk of President John Adams for signature, Ithink it's safe to assume that the man in that chair had a pretty good grasp onwhat the framers had in mind....First, it created the Marine Hospital Service, a series of hospitals built andoperated by the federal government to treat injured and ailing privately employed sailors.
The Shill
2:36 pm on Sunday, July 1, 2012
This government provided healthcare service was to be paid for by amandator tax on the maritime sailors (a little more than 1% of a sailor's wages),the same to be withheld from a sailor's pay and turned over to the government bythe ship's owner. The payment of this tax for health care was not optional. If asailor wanted to work he had to pay up.This is pretty much how it works today in the European nations that conductsocialized medical programs for its citizens - although 1% of wages doesn't quitecut it any longer.The law was not only the first time the United States created a socializedmedical program (The Marine Hospital Service) but was also the first to mandatethat privately employed citizens be legally required to make payments to pay forhealth care services. Upon passage of the law, ships were no longer permittedto sail in and out of our ports if the health care tax had not been collected by theship owners and paid over to the government - thus the creation of the firstpayroll tax in our nation's history.When a sick or injured sailor needed medical assistance, the governmentwould confirm that his payments had been collected and turned over by hisemployer and would then give the sailor a voucher entitling him to admission tothe hospital where he would be treated for whatever ailed him.
The Shill
2:37 pm on Sunday, July 1, 2012
While a few of the healthcare facilities accepting the government voucher were privately operated, the majority of the treatment was given out at the federal maritime hospitals that were built and operated by the government in the nation's largest ports.
Jack Baillargeron
3:37 pm on Sunday, July 1, 2012
Not even comparible to the Bill SHill, course you should have mentioned it did not last long, once a standing military was created and people realized you cannot charge people for healthcare that are dying for your country. This is about a civilian socialized program paid for by all the taxpayers, reguardles of whether they want the product or not, being done through a tax.
Which by the way cannot be challedged in the Courts by Law until someone has paid the tax, then it will be back to the supreme court to rule on it yet again, only this time as an unfair tax burden on the citizens. The commerce clause will not be in play according to every Constitutional Lawyer I have seen the last few days (they all suspect it was Roberts plan in the end). Why do you think the administration and its minions are all over the news, last couple of days, denying it is a tax.
Because that what Roberts say it is and he knows it will be back in court if this program continues. Whether it was a plan by him or not, time will tell. This far from over in my opinion.
J. Lane McMahon
7:05 pm on Sunday, July 1, 2012
Jack, you do know that the "Tax" is only paid by those who choose NOT to have healthcare, right? I thought you said you had read the law? Qualified Healthcare plans exempt citizens from paying the penalty / tax / 30 pieces of silver / or whatever Fox news is calling it these days.
I must also point out that if you had actually read the law like you claim, you would have noticed that the lie about 16,000 IRS agents was nothing more than Fox propaganda. In fact, the law specifically says that "the IRS is explicitly prohibited from using the liens and levies commonly used to collect money owed by delinquent taxpayers, and rules out any criminal penalties for individuals who refuse to pay the tax or those who don't obtain coverage."
And to further set the record straight IRS Commissioner Douglas Shulman testified before a hearing of the House Ways and Means Committee March 25 that the IRS won't be auditing individuals to certify that they have obtained health insurance.