Our Opinion: Health mandate construed as permissible tax

Friday, June 29, 2012

Now, the health care complications begin in earnest.

The U.S. Supreme Court on Thursday upheld a critical provision of the Affordable Care Act, championed by President Obama and commonly referred to as Obamacare.

The provision requires everyone to be covered by health insurance, a directive challenged in court largely on the basis that government has no authority to mandate what people must acquire.

In a 5-4 decision, the court construed the mandate as a tax. And, in the words of Chief Justice John Roberts, “because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”

For the moment, let’s focus strictly on whether the court ruling was appropriate.

Ignore whether you support or oppose the health care law.

Also ignore the political leanings of the justices and the political affiliations of the presidents who appointed them. (Although, for the record, four conservative Republican appointees opposed Obamacare and four liberal Democratic appointees upheld it).

The favorable, swing vote from Roberts, a conservative Republican appointee, turned on the interpretation of the mandate as a tax.

If you agree with his interpretation, you also must acknowledge the Constitution empowers Congress to levy a tax. Agreeing with the interpretation also eliminates any criticism the ruling was a product of “activist” judges.

Disagreement with the interpretation also is reasonable, based on the concept that a tax typically is associated with a fixed amount, rate or schedule. On that basis, the ruling is a loose, or activist, definition of tax.

Regardless of interpretation, the ruling opens the floodgates for the criticism that the heath care act will impose a huge tax increase.

Turning back to politics, expect a flood of tax-and-spend criticism from Republicans and from Obama’s GOP challenger, Mitt Romney.

Also expect complications as states attempt to implement the health insurance exchanges required by the mandate.

The Supreme Court ruling provided a much-anticipated answer on a key provision of the health care act. The ruling also raises numerous questions and creates political ramifications for the months ahead.

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Graceful 10 months, 4 weeks ago

It is time to make a new Declaration of Independence. Bobby Jindal apparently is refusing to implement the exchanges. Americans need to lend him support. It is time to tell the federal government NO!

viktorkowski 10 months, 4 weeks ago

25% of Louisiana has no health insurance. he is not doing the citizens of that state any favors.

Sequoia 10 months, 4 weeks ago

Irresponsible state leaders, including Missouri's, have dithered on implementing the ACA, banking on an activist liberal court to strike it down. Fortunately, conservative jurisprudence won the day. Now, the citizens of those states will be missing out on hard-won benefits, just because these state leaders need to make a show of pouting.

It is this elevation of political posturing, even in direct contravention of their constituent's interests, that shows why the "conservative movement" is bankrupt. Enjoy making a show, dorks. Your constituents will suffer.

Fortunately, the courts wisely decided to let politics play out.

Regardless of the merits of the ACA, the law is in place and the debate should be about how to make it work, not whether to repeal it. But repeal is all the conservative movement wants to argue about. Good luck with that.

I still fail to grasp what freedom it is that people think is under attack. The freedom to not buy insurance and freeload on the rest of us? That's not a "freedom" I really care about protecting.

But they lost that argument. Moving forward, I find it incomprehensible that people will vote for a party which has, as its major platform, the position that affordable health care is none of the government's concern whatsoever.

People aren't that stupid.

dokeus6 10 months, 4 weeks ago

You want to bet on that last statement?

RobHunterJohnson 10 months, 4 weeks ago

Grace, it is fine just calm down, or you will need that medicare. Please list for us the 16 trillion in debt, who, what for, and when? Rob

RobHunterJohnson 10 months, 4 weeks ago

Grace, are you telling us that Obama caused 16 trillion in Debt? Rob

RobHunterJohnson 10 months, 4 weeks ago

Grace, how much has been added to the deficit since President Obama came to office? Rob

John 10 months, 4 weeks ago

It is also what Jefferson, Adams, and a few of those fellows suggested. Whatever happened to them? Oh yeah, they WERE heroes in American history until revisionists got involved . . . oh, and yeah, when SCOTUS became an activist court instead of a constitutional court.

John 10 months, 4 weeks ago

hkchas: Actually the wrote prolifically about why the constitution was written the way it was and why the amendments were added and what they meant. One very specific example was that they recommend armed insurrection whenever government taxation exceeded 1/2 %.

When you refer to me never "complained about the conservative SCOTUS before..." you are absolutely incorrect. The first time I complained about them was their decision that abortion is a constitutional right for women. And there have been others along the way.

My complaints about SCOTUS abound when they act as activists, and that is true of all courts/judges.

I do not consider myself above the law, I obey the laws. However, I exercise my rights as a citizen. Liberals are fond of that too, unless, of course, it is a conservative exercising that right.

dinger 10 months, 4 weeks ago

I don’t believe that people realize the chilling effects of this ruling by the Supreme Court when you don’t look at the Obamacare part of it. What this ruling has done if given the Federal Government the power to force, though the tax code, anything that it wants. For example if Congress decides that all cars and trucks are required to get 25 miles per a gallon of gas or face a $2,000 tax fine then this can be done with ease and there is no recourse as this decision has given them the power to do that.

This decision by five of the justices makes it possible for this country that has been slowly heading down the road of despotism to now take a head long dive into it instead. I am afraid that with this ridiculous decision that our country, as a republic, is not savable and desperate measures may have to be taken to restore this country once again back to the citizens of it. I personally hope this does not happen but with two the two powers that are now in control there is no light at the end of the tunnel that I can see.

viktorkowski 10 months, 4 weeks ago

i hear bush fear mongering at work again. every other developed nation in the world has some form of universal health care and they would not trade it for anything. not only do people end up having more money to spend, the services are more efficient and more reliable

viktorkowski 10 months, 4 weeks ago

one of my great friends is the co-founder of a very popular internet retailer. he has made billions off the venture and managed to dwarf my income in the same set of time. you would think with those stats he would follow all the other successful, self-made billionaires of this time and fought to keep anyone else from having a future. but no, what he has said time and time again that no nation free of regulation has ever prospered and it is those nations with the most regulations that are most successful.

viktorkowski 10 months, 4 weeks ago

I have a great number of friends that live in England. They are rather happy with the program.

viktorkowski 10 months, 3 weeks ago

youtube.com/watch?v=wV1lZMTCqf8&feature=related

tonto_goldberg 10 months, 4 weeks ago

That's not a question. It's an accusation. You know better.

tonto_goldberg 10 months, 3 weeks ago

I don't think liberals hold themselves out to be constitutional acholars the way conservatives do. It's what we have courts for. Seriously, I think you might have meant to ask a question but got lost in the hype.

RobHunterJohnson 10 months, 3 weeks ago

Grace, if President Obama added 6 trillion so far, who added the other 10 trillion, of the 16 trillion you keep refering to? Rob

RobHunterJohnson 10 months, 3 weeks ago

John, I would like you to list specifics of taxation exceeded 1/2%? Rob

John 10 months, 3 weeks ago

Is that statement actually supposed to make sense? You find it difficult to believe we have a taxation exceeding 1/2%? Or is it that you cannot find various writings of those who penned the constitution or of other founders of our country? Please, try the library, it is public, it is also free. You can also speak with some of the history profs at Lincoln University of Missouri. It is here in town. . . .

viktorkowski 10 months, 3 weeks ago

the united states currently spends more of its GDP than any other developed nation on healthcare. it is currently 15.2%. it was projected to hit 19.5% by 2017. and yet the healthcare in the united states scores dead last compared to any other nation with more people without healthcare than any other developed nation. reuters.com/article/2010/06/23/us-usa-healthcare-last-idUSTRE65M0SU20100623

The republicans have had eight years under bush to come up with a better system and have failed to do so. They still have no plan. sticking you head in the sand solves nothing. This may not be the "best" plan but its a movement in the right direction. before you buy into the hype that this is "socialized medicine and you won't get treatment" perhaps you should talk to some people from nations that already have a system in place and ask them if they would give it up.

RobHunterJohnson 10 months, 3 weeks ago

I agree Viktor, not only did they have 8 years under Bush 2, they had 12 years with Regan, and Bush 1. There is alot of duplication in medical testing, how about a flash drive that you the patient take from Doctor to Doctor that would have your info on it? How about patients becoming more pro active in their own Health Care? How about reducing liability on Doctors they check everything to cover their ___ ! This may not be the best plan, but like you Viktor it is a very good start. Now if we can quiet the Tea Baggers mantra that the sky is falling. Rob

tonto_goldberg 10 months, 3 weeks ago

The Tea Baggers sky really is falling.

They thought they were the "real" majority in the US - then look what happened! They thought a majority on the Supreme Court was safely bought and paid for - then look what happened! They wanted "the government" to keep out of their Medicare - then look what happened! They thought Scalia was "really" the chief justice - then look what happened!

Life is tough when your artifical world comes apart all at once.

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