Supreme Court hands President Obama a major victory on health care

Jun 28, 2012 Full story: Washington Post 3,700

The Supreme Court's decision to uphold President Obama's healthcare law amounts to a massive political win for the incumbent, an independent validation of the single most prominent - and controversial - accomplishment of his first four years in office.

Full Story
GBPfan

Colorado Springs, CO

#1759 Jul 2, 2012
Cat74 wrote:
If the government cannot force you to buy something, how can they penalize you for not buying it? John Roberts really did the American people a favor when he corrected the Presidents only piece of legislation so they wouldn't have to find it unconstitutional. The other way it would take 60 votes to repeal it. This way we can repeal it with 51 Senate votes. We need 5 new Senate seats, and the Democrats are defending 23.
When you got fined and jailed for driving without insurance, did this argument work with the court? Did the court say "you're right, I can't force you to buy insurance and I can't penalize you for it either"? Tell me they did, please, because I've always hated these Republican created insurance mandates!

Since: Feb 08

Hypoluxo Fl

#1760 Jul 2, 2012
Cat74 wrote:
If the government cannot force you to buy something, how can they penalize you for not buying it? John Roberts really did the American people a favor when he corrected the Presidents only piece of legislation so they wouldn't have to find it unconstitutional. The other way it would take 60 votes to repeal it. This way we can repeal it with 51 Senate votes. We need 5 new Senate seats, and the Democrats are defending 23.
Don't worry, you're not going to to be penalized for not buying your Thorazine. I took up a collection and we'll get you a lifetime supply.

Since: Feb 08

Hypoluxo Fl

#1761 Jul 2, 2012
McGruff wrote:
<quoted text>
so? Many people pay something called cash. That isn't freeloading. Not everyone is a deadbeat liberal. Cash!
But everyone that's an ignorant moron troglodyte is a teabagger.
GBPfan

Colorado Springs, CO

#1762 Jul 2, 2012
McGruff wrote:
<quoted text>
it is a tax. No one is freeloading. I don't care what Romney did back then. It is what he is going to do now. Obammy and democrats will have to answer for their vote in nov. also millions that now have ins are going to lose their ins and have to get gov ins. I don't think they are going to be happy with that.
No one is free loading? The Republicans always say it's because of the freeloaders when they pass these kind of "penalty" taxes. For example, if you drive without auto insurance, they say: "The fines aren't a tax! It's a penalty" and they claim the insurance mandate is needed because otherwise "we all are paying for the people driving without insurance." This is the same thing Republicans do all the time. Romney didn't create this practice, he merely applied Republican invented insurance mandates to health insurance with "Romneycare" in Massachusetts. I'm glad somebody has finally noticed how sleazy this is. The weird thing to me is that everybody has accepted this sleazy stuff everytime the Republicans do it. What makes you think the independent voters are going to hate it now that a Democrat did the same thing? The people that will decide November's election won't care. So I hope you keep wasting your time on an issue that means little to most people.
Eric Gustafson

Newport News, VA

#1763 Jul 2, 2012
Beginning in 2014, those who do not comply with themandate must make a “[s]hared responsibility payment” to the Federal Government.§5000A(b)(1). That payment,which the Act describes as a “penalty,” is calculated as a percentage of household income, subject to a floor and a ceiling based on the average annual premium the individual would have to pay for qualifying private health insurance.§5000A(c). In 2016, for example, the penalty will be 2.5 percent of an individual’s household income, but no less than $695 and no more than the average yearly premium for insurance that covers 60 percent of the cost of 10 specified services (e.g., prescription drugs and hospitalization). Ibid.; 42 U. S. C.§18022. The Act provides that the penalty will be paid tothe Internal Revenue Service with an individual’s taxes, and “shall be assessed and collected in the same manner as tax penalties, such as the penalty for claiming too large an income tax refund. 26 U. S. C.§5000A(g)(1). The Act, however, bars the IRS from using several of its normal enforcement tools, such as criminal prosecutions and levies.

The plaintiffs alleged,among other things, that the individual mandate provisions of the Act exceeded Congress’s powers under Article I of the Constitution.

The Court of Appeals for the Eleventh Circuit affirmedin part and reversed in part. The court affirmed the District Court’s holding that the individual mandate exceedsCongress’s power. 648 F. 3d 1235 (2011). The panelunanimously agreed that the individual mandate did not impose a tax, and thus could not be authorized by Congress’s power to “lay and collect Taxes.”

Other Courts of Appeals have also heard challenges to the individual mandate. The Sixth Circuit and the D. C. Circuit upheld the mandate as a valid exercise of Congress’s commerce power.

The Government advances two theories for the proposition that Congress had constitutional authority to enact the individual mandate. First, the Government arguesthat Congress had the power to enact the mandate under the Commerce Clause. Under that theory, Congress mayorder individuals to buy health insurance because thefailure to do so affects interstate commerce, and could undercut the Affordable Care Act’s other reforms. Second, the Government argues that if the commerce power does not support the mandate, we should nonetheless uphold itas an exercise of Congress’s power to tax.

While Congress’s authority under the Commerce Clause has of course expanded with the growth of thenational economy, our cases have “always recognized that the power to regulate commerce, though broad indeed, has limits.” Congress already enjoysvast power to regulate much of what we do.

The Commerce Clause is not a general license to regulate an individualfrom cradle to grave, simply because he will predictably engage in particular transactions.

Because the Commerce Clause does not support the individual mandate, itis necessary to turn to the Government’s second argument: that the mandate may be upheld as within Congress’senumerated power to “lay and collect Taxes.”

A tax on going without health insurance does not fall within any recognized category of direct tax. It is not a capitation. Capitations are taxes paid by every person, The shared responsibility payment is thus not a direct taxthat must be apportioned among the several States

Congress’suse of the Taxing Clause to encourage buying something is, by contrast, not new. Tax incentives already promote,for example, purchasing homes and professional educations.

Upholding theindividual mandate under the Taxing Clause thus does not recognize any new federal power. It determines that Congress has used an existing one.

The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our roleto forbid it, or to pass upon its wisdom or fairness
Eric Gustafson

Newport News, VA

#1764 Jul 2, 2012
The penalty is not capitation, but rather a portion of the income of an individual who doesn't purchase Health Care Insurance. Nor does the Penalty affect every citizen only those earning over a certain income who do not purchase health care insurance, thus it's not a direct tax imposed on property, income or personal wealth.

doesn't appear you understand what you are reading, copying and posting.
Le Jimbo wrote:
Pp. 35-40.
(c) Even if the mandate may reasonably be characterized as a tax, it must still comply with the Direct Tax Clause, which provides:”No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.” Art. I,§9, cl. 4. A tax on going without health insurance is not like a capitation or other direct tax under this Court’s precedents. It therefore need not be apportioned so that each State pays in proportion to its population.
CHIEF JUSTICE ROBERTS delivered the opinion of the Court with respect to Part III-C, concluding that the individual mandate may be upheld as within Congress’s power under the Taxing Clause. Pp. 33-44.
http://www.outsidethebeltway.com/scotus-uphol ...
Justthefacts

Russellville, KY

#1765 Jul 2, 2012
American_Infidel wrote:
<quoted text>
Government run anything doesnt work. The public school system, Social security, medicaid, etc...are perfect examples of that.
So under your plan if a person has the money for health care and school great. If not???? Tell all the millions and millions of Americans leaving on SS and Medicare they should have been rich like Mitt.

Since: Feb 11

Location hidden

#1766 Jul 2, 2012
Constitution-lover wrote:
<quoted text>
Um dumb shite I am the land lord and I dont take section 8 crap..
You illiterate welfare mooch, you take all the section eight you and your aliases can take.

Since: Feb 11

Location hidden

#1767 Jul 2, 2012
McGruff wrote:
<quoted text>
it is a tax.
If it's a tax, Scrote, then it was a TAX when Romney passed RomneyCare.

And ROMNEY, Scrote, Romney said it wasn't a tax.

If it is a TAX then ROMNEY is a LIAR.

“JESUS WOULD IMPEACH THE GOP!!!”

Since: May 09

Lake Success, N.Y.

#1768 Jul 2, 2012
Hypnotic Phantom wrote:
<quoted text>
Even the Romney people are saying it's NOT a tax. No matter how much Rush and Fox psedo-news says it is...it isn't a TAX...it's a penalty.
Do you ever get tired of being wrong?
Don't bother with this unemployed, ignorant jerk. This is the same asshat that still claims he needs a drivers license to vote, when at least 5 other pollsters, myself included, gave this twit the direct link to his/its states own website saying the exact opposite.

You can't teach stupid.

Since: Feb 11

Location hidden

#1772 Jul 2, 2012
TonyT1961 wrote:
<quoted text>
Don't bother with this unemployed, ignorant jerk. This is the same asshat that still claims he needs a drivers license to vote, when at least 5 other pollsters, myself included, gave this twit the direct link to his/its states own website saying the exact opposite.
You can't teach stupid.
HAHAHAHAAHAH!

And you forgot, when after 50 times of posting the law in KY he then said the KY law was different in his part of the state.

Since: Feb 11

Location hidden

#1773 Jul 2, 2012
McGruff wrote:
<quoted text>
the supreme court has the final day and they said it was a tax.
The Supreme Court ruled the ACA was CONSTITUTIONAL, McPuff.

It did not rule it a tax.

Since: Feb 11

Location hidden

#1776 Jul 2, 2012
McGruff wrote:
Romney said he disagreed with the court who ruled it a tax.
Of course Romney said it was a penalty, dumbphucue: he is on TAPE already (from his days of governor) when he was accused of passing it as a tax, he insisted it was a penalty.

RomneyCare: version 1 of ObamaCare.

Since: Feb 11

Location hidden

#1777 Jul 2, 2012
McGruff wrote:
Then he argued in front of the court that it was a tax.
Do you have a video of Obama arguing in front of the court that it was a tax?

Are you hearing voices again, Shug?
Billy Ringo

Forest Hills, NY

#1782 Jul 2, 2012
McGruff wrote:
<quoted text>
I don't care what it was in MA lady. Romney is wrong but at least consistent. Obammy said it wasn't before it was taxed. Then in front of the court he had his attorney argue that it was a tax. Now he says it isn't. It is and obammy is stuck with it.
Get your panties out of a wad little girl and yo fund that proof about the recession.
Uh-Oh ..........

http://www.businessinsider.com/eric-fehrnstro...
Liberals Rule

United States

#1785 Jul 2, 2012
The Supreme Court and President Obama ruled the Affordable Health Care Act (Obama Care)to be constitutional. Yea! Now, it's time to rule the the Republican Tea party as terrorist! They are against what is best for the USA and will do anything and everything to destroy it. Let's move forward vote for OBAMA 2012. Be a patriot not a republican tea party terrorist!
frank

Humble, TX

#1786 Jul 2, 2012
Tony wrote:
<quoted text>
Republican plan for the poor.
Leaches on the country. Dying not a bad idea....
frank

Humble, TX

#1787 Jul 2, 2012
Liberals Rule wrote:
The Supreme Court and President Obama ruled the Affordable Health Care Act (Obama Care)to be constitutional. Yea! Now, it's time to rule the the Republican Tea party as terrorist! They are against what is best for the USA and will do anything and everything to destroy it. Let's move forward vote for OBAMA 2012. Be a patriot not a republican tea party terrorist!
What generation of government dependency are you? 2nd, 3rd, 4th?
GBPfan

Colorado Springs, CO

#1788 Jul 2, 2012
McGruff wrote:
<quoted text>
this is much different than car insurance. This is a tax. According to the supreme court. If you don't have car ins you get a fine. Also states have the right to make you have insurance. The federal gov doesn't. The commerce clause argument was rejected by the court. It was ruled a tax.
Hey, we already know these fines and penalties are really taxes. You can try to tell independent voters it is different because the State imposes one and the Feds impose the other. Good luck with that! I'm pretty sure that independent voters know the money is the same whether it's the State or Feds taking it. Keep making the mistake that of thinking that independent voters will draw the silly distinctions you do. They don't think like you, but as long as you continue to believe that they do, you will make mistakes like focusing on unimportant issues. I hope Mitt does the same thing.

“Happiness comes through giving”

Since: Feb 08

Location hidden

#1789 Jul 2, 2012
McGruff wrote:
<quoted text>
so? Many people pay something called cash. That isn't freeloading. Not everyone is a deadbeat liberal. Cash!
No wonder she left you on the dance floor.

Do you actually believe your own tortured illogic?

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