Posted by AzBlueMeanie:
I first want to begin by noting that I had a bank of television sets on this morning tuned into the various networks. At 7:08 a.m. (AZ Time), the U.S. Supreme Court announced its decision on the Affordable Care Act (aka "Obamacare"). FAUX News Fraudcasting and TeaNN (formerly CNN) immediately announced that the Court had ruled "Obamacare" unconstitutional, reading from their prepared GOPropaganda talking points.
The exact opposite was true. In a 5-4 decision, SCOTUS upheld the Affordable Care Act in its entirety under Congress' taxing authority. We need to begin a serious discussion in this country about illegitimate news organizations that engage in unlawful propaganda on behalf of the GOP and the conservative movement. Facts are facts, propaganda to create an "alternate reality" of lies is unconscionable and should be impermissible.
Today's decision in favor of the Affordable Care Act is a striking victory and a vindication of President Obama and congresional Democrats. the "unconstitutional" argument from the right has been rejected by SCOTUS.
Here is a quick recap of the opinions announced today. Amy Howe from SCOTUSblog summarizes the cases, followed by a link to today's opinions. The remaining merits cases as of June 23: In Plain English:
The health care cases:
Argued March 26-28, 2012
Plain English Issue: (1) Whether Congress has the power under the Constitution to require virtually all Americans to obtain health insurance or pay a penalty; and (2) whether the Anti-Injunction Act, which prohibits taxpayers from filing a lawsuit to challenge a tax until the tax goes into effect and they are required to pay it, prohibits a challenge to the Act’s provision requiring virtually all Americans to obtain health insurance or pay a penalty until after the provision goes into effect in 2014.
Plain English Issue: (1) Whether Congress can require states to choose between complying with provisions of the Patient Protection and Affordable Care Act or losing federal funding for the Medicaid program; and (2) whether, if the Court concludes that the provision of the Act requiring virtually all Americans to obtain health insurance or pay a penalty is unconstitutional, the rest of the Act can remain in effect or must also be invalidated.
Plain English Issue: (1) Whether Congress can require states to choose between complying with provisions of the Patient Protection and Affordable Care Act or losing federal funding for the Medicaid program; and (2) whether, if the Court concludes that the provision of the Act requiring virtually all Americans to obtain health insurance or pay a penalty is unconstitutional, the rest of the Act can remain in effect or must also be invalidated.
In a 5-4 Decision, conservative Chief Justice John Roberts joined the Court's liberals to uphold the Affordable Care Act in its entirety under Congress' power to tax, including the much maligned by the right "individual mandate." From the beginning of the Robert's majority opinion: "We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation's elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions."
For all of those who second-guessed the Solicitor General's defense of ACA under Congress' taxing authority, the tax defense of the mandate was the decisive argument. "Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it." A majority of the Court accepted the Administration's backup argument that, as Justice Roberts put it, "the mandate can be regarded as establishing a condition — not owning health insurance — that triggers a tax — the required payment to IRS."