View Full Version : SCOTUS to Issue Ruling on Obamacare Any Minute Now

06-28-2012, 09:10 AM
I'm looking forward to reading the decision.

Washington (CNN) -- The Supreme Court is set to release its much-anticipated rulings on the constitutionality of the Affordable Care Act, the comprehensive health care law enacted two years ago.
The election-year rulings will not only guide how every American receives medical care but will also establish precedent-setting boundaries for how government regulation can affect a range of social areas. Your health and your finances could be on the line.

The outcome's possibilities are myriad: a narrow or sweeping decision? A road map to congressional authority in coming decades? Which bloc of justices, which legal argument will win the day?

Here are five scenarios -- strategic markers of a sort -- to watch as the high court weighs in on health care.


06-28-2012, 09:14 AM
I'm sure 20 Million (some are Voters) dieing to hear this Decision

06-28-2012, 09:18 AM
I am, I'm concerned about liberty, I'm concerned about runaway government.

06-28-2012, 09:23 AM
Supreme court ruling on healthcare law – live coverage (http://www.guardian.co.uk/law/2012/jun/28/supreme-court-ruling-health-care-live?newsfeed=true):

10.16am: Wow: it appears that the so-called swing vote on the court, Anthony Kennedy, actually joined Scalia, Alito and Thomas in voting against the law – and that Chief Justice Roberts voted to uphold.

10.07am: Here we go: Chief Justice John Roberts is reading the decision on healthcare law now – so that means he wrote the decision – and the mandate fails under the commerce clause.

10.20am: Here's the key quote to maintain the individual mandate as constitutional, from Roberts's opinion:
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.

06-28-2012, 09:31 AM
Some more...

10.23am: There's a big silver lining here for Obamacare opponents. Here's the majority opinion on the Medicaid expansion, as written by Roberts:

Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.

That means that states that refuse to accept the federal government's expansion of Medicaid can't be penalised by the government – the status quo remains.

That's actually a tricky decision, and it can be read as a defeat for the Obama administration. It puts the ball back in the court of the states that – for whatever reason – want to reject the Medicaid expansion, which is a key part of the reform's attempt to expand healthcare coverage.

This blows a hole inside the Affordable Care Act. Hold off popping those champagne corks.

10.21am: In the detail: the supreme court appears to have also redefined the commerce clause and tightened its use. The clause's power has been trimmed by the court in recent decision, but this is another attempt to box it in further.

06-28-2012, 10:17 AM
Looks like a win for the statists over individual liberty.

The Medicaid expansion portion of the ruling though leaves the states free to reject.