Obamacare mandate upheld

IANAL, but the legalese-to-Engligh translation is something like this.

There were four issues to decide:

1. Can the Supreme Court of the United States (SCOTUS) even decide this whole case now?

There is a law, the Anti-Injunction Act, that says “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person.”

That means you cannot bring a lawsuit to prevent enforcement of a tax until after the tax has been collected (and, for practical purposes, you have asked for the money back. Since the penalty provision does not even begin until 2014, no one has yet paid it.

The court decided that the requirement that you pay a penalty to the IRS if you do not have health insurance is not a tax for the purposes of the Anti-Injunction Act. Therefore SCOTUS is ok to decide the other issues brought before it.
2. Is the individual mandate constitutional?

The Patient Protection and Affordable Care Act (variously known as PPACA or Obamacare) requires certain persons to have a health insurance policy or pay a penalty.

The government argued first that Congress has the right to implement the PPACA because the Constitution permits Congress to regulate interstate commerce and Congress can implement laws that are Necessary and Proper to carry out such things. The SCOTUS disagreed saying the regulation of commerce only extends to the regulation of existing activity, not inactivity. Further SCOTUS ruled that though it might be necessary, it was not proper for Congress to proceed in this manner.

The government alternatively argued that Congress has the right to levy taxes and the penalty for not having health insurance is such a tax. The SCOTUS agreed and thus upheld the individual mandate.

Yes, this means the government on one hand argued that this is not a tax and then turned right around to say it is. Legalese is funny that way.

3. If the individual mandate is unconstitutional then is it just that part of the law that is unconstitutional or should the whole law be overturned?

Since the individual mandate was ruled constitutional under the taxing authority of Congress this point was really no longer relevant.

4. Is the expansion of Medicaid under the PPACA constitutional?

Medicaid is a program in which the federal government and the various state governments use tax dollars to provide for health insurance for certain persons, mostly low income persons.

In the past the federal government has used incentives or threats to pull funding in order to get states to do various things that the federal government might not have the right to do on its own. The federal government threatened to pull a portion of federal highway funding from any state that did not set a certain maximum speed limit. A national 21 year old drinking age was forced through similarly.

The PPACA threatened to pull all federal dollars for Medicaid from any state that did not expand the criteria for who would qualify for Medicaid. The SCOTUS ruled this was unconstitutional because the funding in question was so large that it left the states with no realistic alternative than to comply.

To follow up about Medicaid.

SCOTUS ruled that the federal government cannot pull all funding from a state if that state does not increase Medicaid eligibility.

But, the federal government can increase contributions to those states that do increase Medicaid eligibility.

[URL=“Sarah Palin's Reaction to Obamacare Ruling: 'Obama Lies, Freedom Dies' - Business Insider”]Sarah Palin has spoken on this! To paraphrase – Obama lied. He said the mandate wasn’t a tax, but it is!

It was just for fun.

Be honest with yourself. Was it fun?

Honestly there was a little endorphin rush. Fun might be overstating it.

That’s true, but it’s not a slam dunk decision even for large employers. My company’s plan costs us tens of millions of dollars each year and may not even meet the minimum requirements of ACA. So we’re weighing the cost of improving our plan (while keeping employee costs within the law’s requirements) versus just saying ‘screw it’ and paying the fine. The fine may actually be cheaper. Then all our employees would be free to (forced to?) find coverage on the exhanges – which in all honesty might be a better option for them anyway.

SOOOOO confused on this.

I started a new job last year and opted out of basic medical plans, but I DO have Alfac life insurance and dental insurance.

Under this plan, this means I pay a fine if I don’t spend $100 a month on a basic PPO or HMO?? :confused::confused::confused:

Just thought I would throw in a pretty funny pic that shows a microcosm of the left-right feelings on the issue.

Yes, you need to have health insurance either through your employer or directly w/ an insurer of your choice. Otherwise you’ll be penalized when it comes time to do your taxes.

Your Aflac and dental insurance has nothing to do with anything.

My favorite art of all this?

“It’s constitutional, Bitches!”

:dubious: The Dorknesses were on the winning side in this one, thank you. (I say, hoping Heart Of doesn’t mind my speaking on her behalf).

Dork! points and laughs, but not sure at what

I know two American Republicans over here. One is pretty reasonable (usually), more like the Republicans in my family were and an all-around nice guy. The other is this crazed, far-right Tea Bagger who left America a year ago “because of the repression there and Obama’s destruction of the economy” and is still gobsmacked that most Americans he meets abroad don’t seem to share his views. (He seems to have been under the impression that all Americans abroad left “because of the oppression.” I see that a lot actually.) I saw them huddled together yesterday bemoaning this tragic turn of events, heh. :smiley:

Out of sequence but I just saw this. Noted.