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Obamacare Upheld




In a surprise ruling that may very well represent the death knell for American freedom (and what’s left of the American free market), the U.S. Supreme Court has ruled that President Barack Obama’s socialized medicine law – a.k.a. “Obamacare” – is constitutional.

Even the law’s controversial individual mandate – which requires that Americans purchase health insurance or pay huge fines – emerged unscathed, so long as it is implemented as a tax.

“(Obamacare)’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably characterized as a tax,” a narrow majority of the Justices concluded. “Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”

Obamaphiles were euphoric.

“WE were vindicated!” tweeted Anton Gunn, a regional director for the U.S. Department of Health and Human Services.

The key vote to uphold Obamacare was cast by Chief Justice John Roberts, who was nominated by former president George W. Bush in 2005 following the death of William Rehnquist. Joining him in upholding the law were Justices Sonia Sotomayor and Elena Kagen (both Obama appointees) along with Ruth Bader Ginsberg and Stephen Breyer, both appointees of former president Bill Clinton.

John Roberts: The deciding vote

Opposing the ruling were Reagan appointees Antonin Scalia and Anthony Kennedy, as well as Clarence Thomas (appointed by George H.W. Bush) and Samuel Alito (appointed by George W. Bush).

Kagan, Obama’s former solicitor general, voted to uphold the law despite the fact that she was integrally involved in preparing its legal defense – a clear conflict of interest.

Obamacare was narrowly passed in March 2010 by a Democratic-controlled U.S. Congress – and then repealed last January by the GOP-controlled House of Representatives. Also last January, U.S. District Court Judge Roger Vinson struck down Obamacare in its entirety on the grounds that “Congress exceeded the bounds of its authority in passing the act with the individual mandate.”

“Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void,” Vinson’s ruling concluded.

If only the Supremes had agreed with him …

More recently, the U.S. Eleventh Circuit Court of Appeals ruled that only the individual mandate portion of the law was unconstitutional.

Roberts and the four liberals on the bench rejected both of those opinions – as well as the federal government’s contention that it could impose the mandate on the grounds of regulating interstate commerce.

Instead, they ruled that Obamacare’s individual mandate fell under the government’s authority to tax.

This website has aggressively opposed Obamacare from the very beginning. We believe it is an unconstitutional imposition on individual liberty as well as an economic catastrophe waiting to happen. We also believe that it will raise health insurance costs and compound our nations’ worsening deficit crisis.

“What is left?” Justice Antonin Scalia asked at one point during the court’s deliberations over the law. “If the government can do this, what can it not do?”

Sadly, America is now about to find out …

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