The decision on the nation's Affordable Care Act that Democrats and progressives were fearing and Republicans and conservatives were hoping for, that the U.S. Supreme Court would find unconstitutional the so-called "individual mandate" part of the bill, turned out Thursday morning to give each side a surprise it didn't expect.
Court ruling a big win for President Obama
A majority of the court, made possible when Chief Justice John Roberts joined the four justices not aligned in heart or mindset with the tea party, to uphold the major provisions of the Affordable Care Act, dubbed by Republicans and others opposed to it as Obamacare.
In the 5-4 decision, the court ruled that the individual mandate is constitutional as a tax while providing guidance on Medicaid reimbursements to states.
Subscribe. It's free. Just do it
Chief Justice Roberts found the individual mandate constitutional based on his finding that it was a tax. The mandate was found unconstitutional under the Commerce Clause, but the penalty that somebody must pay if they don’t have insurance is upheld under the taxing power.
Federal appeals courts have ruled repeatedly on challenges to the new federal health care law, with conflicting results. Obama won and lost decisions on his signature piece of legislation.
As Lyle Denniston at scotusblog.com put it, “The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress’s authority to pass social welfare laws. Using the tax code—especially in the current political environment—to promote social welfare is going to be a very chancy proposition.” Congress in the future, he said, may have to use far more of the taxing power than they are comfortable with.
Now that the Supreme Court has upheld the law, it goes forward unchanged. If Barack Obama is reelected, it goes into effect as written. However, if Mitt Romney is elected, it will face additional attempts by him and Congressional Republicans to radically change it or fully repeal it before it goes into effect in 2014.
Obama speaks out
In a short statement Thursday morning, President Obama said the decision was a victory for everybody.
"Earlier today, the Supreme Court upheld the constitutionality of the Affordable Care Act -- the name of the health care reform we passed two years ago. In doing so, they've reaffirmed a fundamental principle that here in America -- in the wealthiest nation on Earth – no illness or accident should lead to any family’s financial ruin," the President said in prepared remarks.
"I know there will be a lot of discussion today about the politics of all this, about who won and who lost. That’s how these things tend to be viewed here in Washington. But that discussion completely misses the point. Whatever the politics, today’s decision was a victory for people all over this country whose lives will be more secure because of this law and the Supreme Court’s decision to uphold it."
Romney speaks out
"Let's make clear that we understand what the court did and did not do," Romney said, CNN reported. "What the court did do today is say that Obamacare does not violate the Constitution. What they did not do is to say that Obamacare is good law or that it is good policy. Obamacare was bad policy yesterday. It's bad policy today. Obamacare was a bad law yesterday. It is bad law today."
"What the Court did not do on the last day in session, I will do on my first day if elected president of the United States, and that is that I will act to repeal Obamacare," Romney said in a statement approximately two hours after the ruling was handed down."
"Our mission is clear: If we want to get rid of Obamacare, we have to replace President Obama," Romney said.
At Romney's campaign website, the message was clear: "Today, the Supreme Court upheld Obamacare. But regardless of what the Court said about the constitutionality of the law, Obamacare is bad medicine, it is bad policy, and when Mitt Romney is president, the bad news of Obamacare will be over. This November it’s all on the line. The stakes couldn’t be higher."
Join me on Google+ or Pinterest. Watch my YouTube videos or follow me on Twitter, Menshn or Facebook.
Ohio politicos speak out
A disappointed Ohio Gov. John R. Kasich and Lt. Gov. Mary Taylor released the following statement in response to the ruling by the Supreme Court today.
“We’re very disappointed that this flawed law has been allowed to stand. The Supreme Court has confirmed what everyone knew all along—but that the White House tried to deny: this is a massive new tax on the middle class. Hopefully Congress will eventually repeal the law altogether and replace it with improvements that actually address the most pressing needs in health care, especially the need to reduce costs in order to improve access. Until then, Ohio taxpayers could be saddled with dramatically higher costs. The Administration will carefully analyze the decision to determine the appropriate next steps. We are very concerned that a sudden, dramatic increase in Medicaid spending could threaten Ohio’s ability to pursue needed reforms in other areas, such as education. Going forward, we remain committed to minimizing the law’s drag on the economic growth Ohio is beginning to experience, protecting the inviolate relationship between doctors and patients, and preserving as much free market competition in health care as possible.”
Congressman John Boehner (R-West Chester), a Republican from Ohio, had used repeal of the law as an action his Majority Caucus would pursue. He released the following statement after the Supreme Court announced its ruling on the president’s health care law:
“The president’s health care law is hurting our economy by driving up health costs and making it harder for small businesses to hire. Today’s ruling underscores the urgency of repealing this harmful law in its entirety. What Americans want is a common-sense, step-by-step approach to health care reform that will protect Americans’ access to the care they need, from the doctor they choose, at a lower cost. Republicans stand ready to work with a president who will listen to the people and will not repeat the mistakes that gave our country ObamaCare.”
Ohio Attorney General Mike DeWine, who after he was elected in 2010 added Ohio to the list of states challenging the law in court, issued this statement on the court's decision.
"I am disappointed by the Supreme Court's decision on the constitutionality of Obamacare. It is a matter now that will again be fought in the political arena and will be the preeminent issue of the presidential campaign.
"There is a victory in this case. The Supreme Court did not expand the powers under the Commerce Clause. While I am disappointed in Justice Roberts' decision, he was the leader in restricting the Commerce Clause, an expansion of which would have been detrimental to our country. If that would have been upheld, it would mean there are no limits to what Congress could compel Americans to purchase.
"While we lost the battle over Obamacare, we did win the war on the true meaning of the Commerce Clause."
Ohio Dem leader speaks out
Ohio House Democratic Leader Armond Budish (D-Beachwood) released the following statement on the U.S. Supreme Court’s ruling to uphold the Affordable Care Act.
“This is a victory for all Ohioans: seniors, kids and young adults; entrepreneurs and working people; and middle class families. President Obama and Democrats have fought tirelessly to ensure quality, affordable healthcare for all regardless of health status and condition.
“I am pleased that Chief Justice Roberts put aside partisan political pressures to uphold precedent and the rule of law. Now Gov. Kasich and L t. Gov. and Director of the Department of Insurance Mary Taylor must do the same and stop playing politics with the health of Ohioans. They should stop dragging their feet and expeditiously and responsibly put in place the proper health insurance marketplace for the people of Ohio, before the deadline. Creating a Health Exchange will allow all Ohioans to obtain affordable health care coverage even if they have pre-existing conditions. Reps. Antonio and Carney have already introduced House Bill 412 which would establish the Ohio Health Benefit Exchange Agency. ”
ACA highlights
President Obama signed the health care law – the Affordable Care Act – into law on March 23, 2010. Backers of the law say it's already making a positive difference in the lives of millions of Americans. They cite these improvements:
- Preventive care --including mammograms for women and wellness visits – are available at no charge for everyone on Medicare.
- 54 million Americans gained better preventive service coverage through their private health insurance plans.
- By August 1, 12.8 million Americans will benefit from rebates provided by their insurance company because the company spent too much of their premium dollars on administrative costs or CEO bonuses.
- 6.6. million young adults were able to sign up for coverage on their parents’ plans, including 3.1 million young adults who would have been uninsured without the law.
- 5.3 million people with Medicare who hit the prescription drug donut hole saved $3.7 billion on their prescription drugs.
- Insurance companies can’t drop your coverage because you got sick and made a mistake on your application. Nearly 16 million Americans who purchase insurance in the individual market are no longer at risk of losing their insurance.
- Insurance companies can no longer limit the amount of coverage you can receive in a lifetime. Nearly 105 million privately insured American can now live with the security of knowing that their coverage will be there when they need it the most.
Analysis
According to the nonpartisan Congressional Budget Office, which reviewed the Senate version of the health-care law that eventually passed in 2010, the law will wring $492 billion from the projected future costs of Medicare and Medicaid over 10 years. The AARP found the legislation would not cut benefits or increase out-of-pocket costs for Medicare, the federal health-care program for Americans over 65. But Republicans argue that there's no way to cut future costs that much without reducing services. The CBO found it was "unclear" whether the Senate bill could reduce the growth of Medicare spending without reducing care.
CNN gets it wrong
For one prominent news channel, getting the decision wrong, ala "Dewey defeats Truman" headline of 1948, will be forever memorialized.
Send news or tips to ohionewsbureau@gmail.com
Comments