VICTORY! SUPREME COURT UPHOLDS OBAMA CARE
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In
a dramatic victory for President Barack Obama, the Supreme Court upheld
the 2010 health care law Thursday, preserving Obama’s landmark
legislative achievement. YES!
Basically they gave a thumbs up to the individual mandate which will allow most Americans to buy health insurance. The court said the mandate couldn’t be upheld under the commerce clause, but said it could be upheld under existing tax authority.
The ruling gives Obama and congressional Democrats a big win
leading up to the November presidential vote. The White House and
congressional Democrats had been bracing for four possibilities: that
the high court would uphold the the Affordable Care Act, strike down
parts of it, throw it out entirely or delay a ruling until 2015, when
the law fully went into effect.
A recent NBC News/WSJ poll found more Americans said they would be pleased if the law was ruled unconstitutional than constitutional. Republicans had vowed to repeal the law they’ve dubbed “Obamacare” if it survived the nation’s highest court.
The case began almost as soon as Obama signed the law on March 23, 2010. Even before the day was out, Florida and 12 states filed the lawsuit that ended up at the Supreme Court. Another 13 states later joined in later.
The heart of the challenge was the claim that Congress could not force people to buy a product — health insurance.
The administration advanced several arguments in defense of Congress’ authority to require health insurance, including that it falls under the power to regulate interstate commerce.
The government also argued that the insurance requirement was necessary to make effective two other undoubtedly constitutional provisions: the requirements that insurers accept people regardless of existing health problems and limit what they charge older, sicker people.
The administration also said that even if the court rejected the
first two arguments, the insurance requirement and penalty are
constitutional as an exercise of Congress’ power to enact taxes. The
penalty assessed for not buying insurance functions like a tax, the government said.
What do you think?
SCOOP: MSNBC
Basically they gave a thumbs up to the individual mandate which will allow most Americans to buy health insurance. The court said the mandate couldn’t be upheld under the commerce clause, but said it could be upheld under existing tax authority.
A recent NBC News/WSJ poll found more Americans said they would be pleased if the law was ruled unconstitutional than constitutional. Republicans had vowed to repeal the law they’ve dubbed “Obamacare” if it survived the nation’s highest court.
The heart of the challenge was the claim that Congress could not force people to buy a product — health insurance.
The administration advanced several arguments in defense of Congress’ authority to require health insurance, including that it falls under the power to regulate interstate commerce.
The government also argued that the insurance requirement was necessary to make effective two other undoubtedly constitutional provisions: the requirements that insurers accept people regardless of existing health problems and limit what they charge older, sicker people.
What do you think?
SCOOP: MSNBC
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