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Obama’s Healthcare Bill Survives Supreme Court

June 28, 2012 by  

The Supreme Court issued a ruling on President Barack Obama’s Affordable Care Act upholding many of the laws central provisions Thursday morning.

One of the most important rulings by the Court regarding the Constitutionality of the healthcare overhaul was describing the individual insurance requirement as a tax, rather than a forced purchase.

In the Court’s opinion, the decision is explained as follows:

Under the mandate, if an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes. See §5000A(b). That, according to the Government, means the mandate can be regarded as establishing a condition—not owning health insurance—that triggers a tax—the required payment to the IRS. Under that theory, the mandate is not a legal command to buy insurance. Rather, it makes going without insurance just another thing the Government taxes, like buying gasoline or earning income.

Because the mandate was found to be Constitutional, the Court did not decide what other parts of the statute were Constitutional, except for a provision that required States to comply with new eligibility requirements for Medicaid or risk losing their funding. The Court found that the Medicaid provision is Constitutional as long as States would lose only new funds for failure to comply with the new requirements.

The Affordable Care Act was declared Constitutional in a 5-4 decision. Liberal-leaning Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor were joined by Chief Justice John Roberts in support of the law. Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas dissented.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • TIME

    Well People, what will you do to fix the nation? Will you drop to your knees to kiss the ring of the Faux Gods yet again?

    Peace and Love

  • Richard E. Baxter

    I think it’s (expletive deleted). there is nothing constitutional about the healthcare. I think the judges should be investigated, because there had to be a pay-off to get them to rule that way. There is no (expletive deleted) way people in low income situations can possibly afford to pay for it.

    • Karolyn

      I would fit into that category right now. As a matter of fact, I chose not to take Medicare Part B because I can’t afford $100 per month. I was told that I would be penalized and that the state of SC has assistance for seniors who can’t afford Part B. My problem is that I don’t NEED Part B because I don’t go to the doctor. On the rare occasions I have gone for routine bloodwork, my doctor’s office charges on a sliding scale. I am responsible and take care of my own health even though I have hepatitis C, and I’m extremely healthy. Why should I have to have insurance? A t least I don’t have to worry about this particular government program since I am old enough to be on Medicare.

      • Palin16

        For once (or is it twice?) I agree with you Karolyn. I haven’t been to a doctor for 3 years and don’t feel any need to do so. I take responsability for my own health and check my blood pressure whenever I go the drug store.

    • Nadzieja Batki

      They won’t be paying it but the taxpayers will.

  • http://personallibertyalert none381

    unemployment at all time high under this lets take more money we dont have.i usedtohave all the respect in the world for justice roberts until now.the only rich will be the insurance companies.please elect ROMMNEY.HELP HIM REPELTHIS MESS.

    • TIME

      Dear None,

      My Wifes HCI as of 10 years ago was just $121.00 per month, as of this month June 2012, it just went up again so its now $979.00 per month..

      She also now has less coverage and yet – she has never used her HCI over that time period.

      {{ But we must me safe from ourself}} afterall who Loves you Baby, your special Criminal Gov or YOU?

      Just one other odd thing, just when was it that Insurance Companys got the green light to write law’s again?

      Open your eyes people, soon its going to be what foods you can eat based on what Monsanto wants.

      Or where you can live based on what the state thinks is ok.

      Or what kind of car you can own – or not based on the car company of the moment.

      But first will come the fact that banks will again “CONsolidate” just like in 1987 anyone recall that?
      But this time they will all be owned by just a hand full of banks of what will all be owned by the 13 Bloodlines who now own just about 80% of all the banks world wide.

      Now don’t you just feel oh so special?

      Peace and Love

  • MAP

    The SC’s power to determine constitutionality is not given by the Constitution. It is a power the SC usurped. Very few times in the history of our country has the SC not ruled to expand the powers of the Federal Government and add to the consolidation of the union. John C. Calhoun stated this should not be a power of the SC, because the SC is a part of the Federal government and such power allows the Federal government to decide the limits of its own powers. This ruling is a glaring example of Calhoun’s warning. This represents the greatest usurpation of power by the Federal government in the history of our country. The criminal gang in Washington and bureaucrats will now decide who lives and who dies, against the overwhelming majority that did not favor this bill. The America of our fathers is vanishing before our very eyes. It is being replaced with a Third World, Leftist hell-hole.

  • Karolyn

    The argument presented seems pretty sound.

  • Doc Sarvis

    This IS a conservative court so the bar was set pretty high for the administration. The people have won this time.

    Now, to overturn Citizen’s United.

    • MAP

      Doc, you say, “The people have won this time”. Just how do your figure this? The latest polls show 80% don’t want this. What people are you talking about? Since you are a liberal loon and like it, it seems fair to you to foist it on the majoity that don’t want it? That is what is referred to as totalitarianism. You, once again, prove yourself to be totally illogical.

    • Wildey

      In case you don’t know it, the Supreme Court consists of politicians wearing robes. Justice be damned. Bring on democracy and let the ones having the majority of the power rule. Two wolves and a sheep voting on what’s for lunch.

  • LisaMcMurray

    I think we need to get them all gone and as for obama (and notice no capital on name ) needs to be impeached and deported as asap before we loose everything the U.S.A. (notice all capitals ) stands for

  • jopa

    After the SC decision it will guarantee a lot less suffering and misery within our borders.Students while in college will be able to stay on their parents policy until they are 26 years old, if you want to keep your insurance that you have now you can and it should become cheaper.Pre existing medical conditions will be covered and tens of thousands of Americans will avoid bankruptcy.There are just so many good things about the ACA however $350,000,000 was spent on negative publicity to fool the American people into thinking this is a bad thing.As time goes by more and more people are wising up and seeing the good in this legislation and are becoming more for than against it.

    • Doc Sarvis

      Right you are.

  • Palin16

    “If you make less than $250,000 a year, you will not see ANY tax increases in my administration. No federal income taxes, no sales taxes, no capital gains taxes, not one thin dime of ANY kind of taxes.”…candidate Obama, 2008. So is Obamacare a tax on the middle class, or what?

    • jopa

      Palin: I think you may be referring to Read my Lips Bush Senior.Taxes have actually gone down since Obama took office and there may be a slight increase in 2014.I would also like to see the Bush tax cuts expire for the filthy rich.

      • Palin16

        The point is the Supremes are now calling the mandate a tax, so Obummer lied.

      • TIME

        Dear Jopa,

        No that was the Omen that stated; that he would not raise TAX’s on anyone who made below $250K. That was again JFTR – the 2008 election time when speaking with Average Joe Da Plumber.

        Now come on you know that, so why now the smoke and mirrors?
        As I recall you even made note of the OMENS remarks on this topic,
        displaying just how Honest and good the OMEN was.
        So – would that in fact be whats called “Slective memory foam?”

        Be that as it may OMEN is a carbon copy of GWB, who just for the record was a carbon copy of Clinton, who was a carbon copy of Bush 1, so whats the differance; {{ oh yea one has better teeth.}} NOT!

        You know damm well all these Faux POTUS are all bought and paid for by the same people, so stop with the overt rhetoric about what good guy the Omen is, is is no better than a bag of rancid horse crap.

        Peace and Love

      • Wildey

        So that’s your reply to people who work to make something of themselves. Get the American dream by living on the dole and putting your hand into the pocket of your neighbor. We’re living doing just that and look at the conditions of America. To be a Banana Republic is our destiny.

  • shawna
  • wtfaz

    Lets get this straight.Now you can keep your kids on your insurance until their 26 geeewizzz that will be great to know when they get shot up and maimed over seas that at least now we can all cover them with our insurance and not have to rely on the VA to help out anymore.what a relief that is,but hey at least they cant raise your premiums right! well maybe just a little say 35% this time and the cost of medicine just went up,but dont worry they got our backs right.The big brother is only here to help you.Jopa you havent changed a bit still thinking your going to get something for nothing.Well I think your in for a massive awaking.I’m prepared are you.
    Time old friend good to hear you again,Thought I’d pop in to see whats happening, looks like not much has changed.Later dude.

    • TIME

      Dear Wtfaz,

      Good post, and how right you are.

      If anyone thinks that Health Insurance is expensive now…
      Just wait until its FREE!

      What all of you need to keep in mind is that it was the Insurance Companys who wrote the bloody thing, just keeping in mind that works out to 30 Million more people paying, what could possibly be wrong with that? Well its called “EXTORTION.”
      You know not unlike if you get a loan from good old Vinnie and da boys and Vinnie says hey – you owe me 50% Interest on dat cash, wheres my money?
      Now think the IRS – and just place them in as Vinnie and da boys!

      A fellow I knew years ago Kief Hartly recorded a song called; the TIME is near. I fear at this point in Time that song would be far more in line with whats going on.

      OMG – how bloody cray will it have to get for Americans to open their eyes and grab their fire sticks and take back the power the way it was written to be done? There now is no other way, as we are now all pressed with our backs on the wall.

      Would any of you stand for say the God Father running the nation?

      Sure looks like it, so what will you all do? The TIME has come to clean out the crapper. Just for the record a VOTE will not do it!
      Just saying, when you have a dirty job to do you have to get dirty.

      Peace and Love

      • wtfaz

        Time How true it is.Hey I would like to hear you play some night in flagg let me know when and if your still at it. Danaz

      • wtfaz

        Time you wouldn’t be playing anywhere in flagg on the fourth will ya?Like to to finally meet ya.My times running a little short too.I think we would have a lot to talk about and I would love to hear your music.Dan az

      • TIME

        Dear Dan,

        I have been busy with family iusses very sick in law’s so the last number of months have been just crazy.

        JFTR – I sold my Company late last year, so I have been deep in study of many of the issues that are the very base of everything thats broken world wide, well that is when I have TIME.

        Dan, I tell you I would LOVE to be in Flagg now this is the best time of the year to be there but we have been from Athens to NYC like a ping ball since last November. Have a super 4th my friend. If I make it to Flagg I will let you know.

        Peace and Love

  • Wildey

    In 1870, the German chancellor Bismarck set up a health care system for the German people. It caught on so people that had colds would go to hospitals for free care. This was in place during WW1. When wounded soldiers came home the received free care when some care could be done at home. The cost was sky rocketing. At the same time doctors came see themselves as employees of the state, not putting the health care of the patients first. Health care was restricted to what the state would pay for. Soon pregnant women were checked to if their babies were fit to be born and put through a forced abortion if the state deemed them as not good assets for the state. Sick people were looked at as liablities while those that would be good taxpayers were taken care. When Hitler came on the scene that was the conditions in Germany. Hitler developed a hate for all Jews for what he knew the Zionist were doing and that lead to the holocaust. It was easy to implement the holocaust because of what was already going on.

    In America exactly this is whats going on. It took 50 years before the holcaust was going on. How far down the road is America? Sick people are liabilites to this bankrupt economy. Now? “Reduce the surplus poplulation”

    • TIME

      Dear Wildey,

      Yes you are right and the fact that the Zionist created WW II to insure the state of Israel would take place.

      Look people the people your up against plan their events for years to make their dreams come true.

      Until you understand the real backround of whats going on and get out of the D v R crap, its only going to get worse. Learn about,
      the “NEW MAN” Thats a key factor, if you don’t understand it, your doomed! Just google The New Man.

      Peace and Love

  • JeffH

    Rand Paul had this to say and I must agree with him.

    Make no mistake. It is not constitutional. One Justice using tortured logic defying the intent of the framers and the will of the people will claim it is so. But it is not.

    The key part of their decision, in my opinion was a call to action.

    The key part of their decision, in my opinion was a call to action.

    The decision stated:

    “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 Supreme Court has told us the answer even while helping trample our rights.

    Throw them out. Every single one of them.

    Everyone who voted for Obamacare, up to and including President Obama must be defeated this fall if we are to have our last chance to stop Obamacare from taking over our healthcare system.

    Throw them out for violating their oath to uphold the constitution.

    Throw them out for a massive government scheme to destroy private healthcare.

    Throw them out for massive new taxes and a tightening of their socialist stranglehold on our economy.

  • Palin16

    Let me be the first to state….I WILL NOT COMPLY!

  • Raggs

    LOCK AND LOAD! That is the only real solution to a tyrannical government.

  • simian pete

    Let’s not overreact ! Enhance your calm ! (got that from the movie “Demolition Man” ) Comport Yourselves ….

    Justice Roberts threw the ball back to Congress ! Brilliant !!!

    SCOTUS could have put a stop to Obamacare – but then again, doesn’t that responsibility belong to Congress ? And who elects Congress ? -Duh, the voters ….

    Congress can’t “recuse” themselves on this one …. No Sir !!! The President and Congress screwed this one up !! Now they got to fix it !!!

    Stupid Congress !!!! Throw the idiots out who created this new tax !!! Vote accordingly ….

    You can overreact later on this year, when Obama gets re-elected, by protesting in the streets (1st ammendment rights) …. Heh Heh !!! Don’t be naive ! The stupid voters will probably put President Obama back in … No Hope and No Change !!! HAHAHAHA !!!

    Stupid Americans !! Thanks for electing the bozos in Congress ! Thanks for electing Obama !!! I’m being sarcastics…..

  • Charles Johnson

    With todays Supreme Court decision the People of the United States have been betrayed by both the Congress and the Court. Either the Court over stepped and made law or Congress passed a law based completely on lies. Either way We the People have now lost our right to redress of grievances. Seem we should start bowing when a politician walks by now.

  • jopa

    In a few years the ACA will be just as American as apple pie once everyone realizes how great it actually is.The $350,000,000 campaign to paint the ACA as being bad was sure a waste of money.America is a much greater place for all now that the Supreme Court finally acted in a rational manner and showed their more human and tender side and a willingness to help the less fortunate.

    • Palin16

      What if I don’t care to use traditional medicine? Why should I have to pay for something I have no intentions of using? I worked in health care for 32 years and you wouldn’t believe the horrors that go on. I have little faith in doctors. You go into surgery for one thing, and then low and behold, something else has to be fixed as a result. And no, jopa, we’re not gonna get used to it!


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