SCOTUS ObamaCare Ruling: Individual Mandate Survives as Tax

Dissenters were Scalia, Kennedy, Thomas, Alito. Chief Justice John Roberts’ vote saved ObamaCare. This post will be continually updated.

A question: Congress did not write the law as a tax. Will they have to do so now?

Individual Mandate – struck down under Commerce Claus, but survives as a tax

Mandate under a Tax – SCOTUS says a tax is not a punishment

According to Judge Andrew Napolitano, SCOTUSblog is saying the mandate is constitutional. Entire ObamaCare is upheld as constitutional except Medicare issues.

Megyn Kelly is saying that state’s may be able to opt out of Medicare provisions – ObamaCare cannot punish states for opting out.

Romney: “I disagree with the Supreme Court decision, and I agree with the dissent. I will repeal ObamaCare.”

Related: Future of US Constitution Under Chief Justice John Roberts

Related: ObamaCare SCOTUS Joint Dissent Transcript

Linked by Vicki McClure at Frugal Cafe – many thanks – read good commentary on ObamaCare!




  • Obama SWORE and argued to death that the mandate WAS NOT A TAX… now it is, how bout that

    Also, the Medicare provision appears very problematic for the bill… the state exchanges can’t be forced upon the states like ObamaCare needs to work. Remember Christie refused to do it until the ruling… WELL, he won today- and other states can tell Obama NO too.

    That’s seems as disabling as if the mandate was shot down…

  • Can anyone think of anything Obama said that isn’t a lie? Satan is the father of lies … and Obama just might be his son. The apple doesn’t fall too far from the tree.

  • I’m confused, Maggie. The Affordable Care Act was initiated by the Senate. I thought all tax bills had to originate in the House. Isn’t that why Obama insisted that it was not a tax?

    • Jim, since the legislation doesn’t mention “tax,” I think the House would have to originate a bill to “tax,” which this house is not going to do. But if it did, then the Senate would have also pass it. But there has to be something we’re missing. Maybe he ca do it by Executive Order.

      This was “Ropa-Dope,” with the Dope’s being us – but only because John Roberts, as chief justice, probably found it not too pleasurable to be conservative in Washington, D.C.

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