Thursday, June 28, 2012

It's Alive! ObamaCare Lives

The current Robert's SUPREME COURT OF THE UNITED STATES
Think anybody can tell I am not wearing pants?

The United States Supreme Court has refused to over turn the Affordable Care Act called derisively 'ObamaCare' by regressives at a  5 to 4 margin!

Here is the PDF to the actual ruling: 

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

From ScotusBlog: 

Amy Howe: The money quote from the section on the mandate: 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.

Amy Howe: On the Medicaid issue, a majority of the Court holds that the Medicaid expansion is constitutional but that it w/b unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions.

Lyle: The key comment on salvaging the Medicaid expansion is this (from 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." (p. 55)
Amy Howe: The critical detail is that you cannot take away the existing Medicaid funds.
Read more here: 

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