In a landmark 5-4 decision that will affect virtually every American, the U.S. Supreme Court has upheld the constitutionality of the health care reform law - the Affordable Care Act.
In its ruling, the court found that the heart of the law -- the "individual mandate" - requiring all Americans to purchase health insurance by 2014 or pay a penalty could be held as constitutional under the power to create and collect taxes granted to Congress by Article I, Section 8 of the Constitution.
Also See: Supreme Court Hears Challenges to Health Care Reform Law
"It is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without insurance," wrote Chief Justice John Roberts in the court's majority opinion. "Such legislation is within Congress' power to tax."
"If an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes," wrote Roberts, adding "the mandate is not a legal command to buy insurance. Rather, it makes going without insurance just another thing the Government taxes, like buying gasoline or earning an income."
Roberts also wrote that the court's ruling "does not express any opinion on the wisdom of the Affordable Healthcare Act."
Also See: Duties of the Chief Justice of the United States
Since many other provisions of health care reform depend on cost savings and revenue generated by the individual mandate for long-term funding, the court's ruling removed much of the doubt regarding the future of the Affordable Care Act.
Publicly popular aspects of the law already in effect and now presumed safe include provisions prohibiting insurance companies from denying coverage due to pre-existing conditions and allowing parents to include their adult children under their insurance coverage up to age 26.
How They Voted: Voting for the majority decision were Chief Justice Roberts, along with Justices Sonia Sotomayor, Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan. Dissenting were Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Antonin Scalia.
Also See:
Health Care Reform, Abortion and the Truth
Health Care Reform: Disabled and Older Persons
Health Care Reform and 'Death Panels' - The Facts
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Comments
Dear Chief Justice Robers: You say you are Roman Catholic, but Obamacare condons late term abortions, is going to give limited care to seniors, to appoint a panel of 15 biased members to mandate who will get different treatments, less tests, all based on age and condition. Nothing is said about tort reform, so the lawyers will have a hayday. How can this is not unconstitutional and wrong for the USA?
Backing of late term abortions, which this Muslim President supports in his mandate, is immoral. Had you vote have been correct, the Conservative already had plans to move on fixing this problem.
Instead, Justice Roberts, you have ruined our system of proper medical care by your single incorrect vote. The only chance Conservatives have is to vote out Obama to repeal his law. You, by this unjust decision, have given him more power over us AND YOU. I would have thought that you would have swung to our side, since he insulted you and your court in the State of the Union Message in Jan, 2012; apparently it didn’t get to you. Obama cares for no one but himself, and would even sell his family for more power. We still have a chance but we have to vote him out of office & it will take until Feb 2013 before we can do anything about your poor decision since we have to wait until Romney comes in office. Think of the harm he can do in the next few months because of YOUR personal poor decision. ONE vote, and your messed up the whole plan to obtain a good medical system. I hope not too many babies will die by late term abortions, because of your poor decision, and I hope it lies heavily on your conscience.
David M. Doan, MD 15814 Professional Plaza- Hammond, Louisiana 70403 dmd444@aol.com