SCOTUS Healthcare Ruling

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soonerwings

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After reading the opinion of the court, I get it. Some part of me acknowledges that they made the right call. Personally, I'm happy that the SCOTUS shot down the commerce clause argument and called the individual mandate a tax. They are correct that the Constitution does allow for taxation to encourage economic behavior. I don't like it, but they're right. If tax incentives can be given for getting married or buying a house, then they can be used the other way as well. I think they did well in calling a spade a spade. It's a new tax. We all know how popular new taxes are when it comes time for an election. I'm also happy that they struck down the ability to coerce states into signing on to the expansion by threatening the withholding of all medicaid funds if they didn't. It wouldn't surprise me to see a lot of states bow out of this one in the long term. A lot of states will probably find it fiscally unsustainable.

EDIT: I also really liked the following statement from Justice Roberts in his opinion:

"Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of
their political choices."
 

Buddhaman

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EDIT: I also really liked the following statement from Justice Roberts in his opinion:

"Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of
their political choices."

The SCOTUS did their job and interperted the law, remember who came up with it in the first place and remember that in November.
 

flatwins

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soonerwings said:
EDIT: I also really liked the following statement from Justice Roberts in his opinion:

"Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation's elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of
their political choices."

I like this. Not only am I disappointed with the politicians who created this steaming pile of legislation, I thoroughly disgusted with the voters who put them there.
 
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Well By God! I know what I'm a gonna do. How 'bout you?

From Chief Justice Roberts himself:

Indeed, it is estimated that four million people each year will choose to pay the IRS rather than buy insurance. See Congressional Budget Office, supra, at 71. We would expect Congress to be troubled by that prospect if such conduct were unlawful. That Congress apparently regards such extensive failure to comply with the mandate as [*38] tolerable suggests that Congress did not think it was creating four million outlaws. It suggests instead that the shared responsibility payment merely imposes a tax citizens may lawfully choose to pay in lieu of buying health insurance.

Another interesting tidbit from C.J. Roberts:

The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.


From reading Roberts opinion, I get the impression that he is saying something along these lines ------> "yes it passes muster, but your a dip$h!t for passing it in the first place. Good luck with it."
 

Billybob

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When I read this, "It is not our job to protect the people from the consequences of their political choices.", I got the impression he was saying you can't rape the willing.
 

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