Thursday, June 28, 2012

THE WORD HAS BEEN GIVEN

Solomon has spoken; the Supreme Court has by a 5:4 vote upheld all of the Affordable Health Care Act aka Obama Care (Republican).

Well maybe it did or didn't. At this point it is difficult to understand exactly the ruling. The rhetoric by the media pundit after the decision was mostly a matter of shooting from the hip as they read the opinion.

What it seems is that the Court's decision on the mandated portion of the act was not based on the constitutionality of Congress to write such a law based on the Commerce provisions of the Constitution but since it called for penalties to be paid on the Income Tax return it was based on the Governments rights of taxation. Boy, this is going to be the focus of the Presidential election verbiage.

The Court seems to have wiffed on the other issue that the states were suing to overthrow; the mandatory increases in Medicaid benefits. Since some of that would be covered by increased federal funding; the Court gave the states the option to not accept the grants and therefore did not need to change their present Medicaid operation.

I would take that to be a partial rejection of that section; the goal prescribed remains but states now have an out from conforming.

I hope to be able to scan Chief Justice Robert's opinion and I expect that there will be more than one dissent opinion to read before I can formulate soome non lawyer understanding of what was today's ruling.

2 comments:

  1. Doc,

    The Huffington Post has some of the dissenting arguments. I was reading a few until my head started to hurt!

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  2. There are plenty of reasons on both sides to love it or hate it.
    I'm not 100% in love with it nor am I a huge fan of Obama, although I voted for him. But, what the whine ass Republicans still don't get is HE MADE THEM TALK ABOUT IT.
    They ignored it, refused to even hear it as an issue and now they are eating it.
    Good For Obama!

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