Thursday, June 28, 2012

First Thoughts on the Obama Care Ruling

Like most I am still trying to decide exactly how I feel about the Supreme Court's ruling this morning in "National Federation of Independent Business v. Sebelius" also known as the Obama Care ruling.

I've downloaded the Court's opinion and am in the process of reading and digesting it.

While on the surface it appears to some, especially those on the liberal side of the aisle, that this was a defeat for the GOP.  It may not have been.

Of primary import is the fact that nothing galvanizes conservatives like a Supreme Court ruling that does not go their way. While the ruling upheld what was previously called an individual mandate, it's important to note that the Court ruled that this is an individual tax not a mandate. It is also important to note that the Chief Justice in his opinion limited the application of the Commerce Clause.

Further the Court held that the government cannot coerce States into an enormous expansion of Medicare. If the states choose not to expand Medicare then that would force those that are above the poverty level but without insurance into government pools. This could potentially put a large burden on the Federal Government financially.

This ruling also paints the Obama administration into a corner. If they brag about their health care ruling, then they have to admit that this is the largest tax increase in the history of the United States certainly if not the history of modern civilization. They swore they would not raise taxes on the middle class or the poor and yet the Court has ruled today that they did.

I'm also looking at the dissent from Justice Kennedy. It is been reported, but not widely, that there are some very interesting "errors" in the wording of the dissent. The dissent appears to read like a majority opinion. Further the dissent is reported to refer in places to a dissent that no longer exists begging the question was this dissent actually the majority opinion at one point? Did Chief Justice Roberts originally vote to strike the entire law? If so why did the Chief Justice change his vote?

The final opinion handed down by the Court today is 193 pages long and I have certainly not finished reading it yet. Rest assured when I do I will have more here.

1 comment:

  1. Thanks for your comments, Matt. I appreciate the time you are taking to read the primary document and the links you have provided to support your thoughts so far. Keep the analysis coming!


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