prev
next
Supreme Court upholds health care mandate
Updated at 1:35 p.m. ET
(CBS News) In a historic decision, the Supreme Court on Thursday upheld the critical piece of President Obama's Affordable Care Act, the individual mandate.
By upholding the individual mandate -- the requirement for all Americans to acquire health insurance -- the court kept what many described as the "heart" of the law. The decision creates some certainty surrounding federal health care policy, allowing federal and state rulemakers to implement the law.
The decision was 5 - 4, with Chief Justice John Roberts siding with the liberal justices and writing the majority opinion. The court ruled that the federal government does have the power to require all Americans to acquire insurance if the "fine" imposed on those who don't is considered a tax.
Complete Coverage: Health Care
Read the Supreme Court's full decision
"I see this as a total victory for the Affordable Care Act," said Tim Jost, a consumer advocate and professor of health law at Washington and Lee University. Additionally, he said, the ruling is "a signal to the states that it's time to get going." The states have until November 16 to turn in blueprints for building their respective state health exchange systems.
The court found fault with one major provision of the law, which would have expanded Medicaid coverage. Currently, Medicaid is a joint federal-state program that provides health care to certain poor Americans, such as children and the elderly. In 2014, the Affordable Care Act would have opened up Medicaid to anyone with an income under 138 percent of the federal poverty line.
Several states argued the expansion of the program would have placed an undue burden on the states, and the court agreed, writing in its opinion that the provision was like a "gun to the head of the states." If a state had chosen not to expand the program as the law required, it would have had to opt out of Medicaid completely -- something no state could afford to do. The court ruled that the federal government's ability to revoke a state's Medicaid funding is limited -- thus, the states can opt into the expansion, but they don't have to.Jost, the Washington and Lee University professor, said the Medicaid ruling "could be read as imposing a significant new limitation on the power of the federal government to engage in cooperative programs with the states."
It may be that the ruling only applies to Medicaid, he said, or it could apply to other joint federal-state programs like an education program or transportation funding. In that case, the federal government could be limited in what it demands from states before giving them funding.
"It opens up a real can of worms," he said.
While several states objected to the Medicaid expansion, Jost and other experts said they'd expect essentially every state to participate in the program since the federal government is covering the vast majority of the cost (and all of the cost initially).
"Frankly, I don't think any governor in his right mind would turn down hundreds of millions of dollars to help citizens in their state," Jost said.
The political fight continues
The high court's move hardly ends the political controversy surrounding the law; if anything, the decision to uphold most of the law is sure to renew calls for lawmakers to repeal the Affordable Care Act legislatively.
In response the decision, Republican presidential candidate Mitt Romney said Thursday that while the court found the law constitutional, "What they did not do is say that Obamacare is good law. Obamacare was bad law yesterday, it's bad law today."
The Republican candidate added, "What the court did not do in its last day in session, I will do on my first day" if elected president. He asked voters to join him to "defeat the liberal agenda that makes government too big."
President Obama today said the court's decision reaffirmed the principle that "here in America, in the wealthiest nation on Earth, no illness or accident should lead to a family's financial ruin."He ran through the law's benefits, such as the provision barring insurers from discriminating against Americans with pre-existing conditions. Several of those provisions will go into effect years from now, after the states have set up their health care "exchanges" or state marketplaces for health insurance.
"When we look back five years from now, 10 years from now... we'll be better off because we had the courage to pass this law," Mr. Obama said.
The president acknowledged that the individual mandate remains a divisive issue, but he pointed out, "This idea has enjoyed support from both parties, including the current Republican nominee for president."
He added, "It should be pretty clear by now didn't do this because it was good politics...I did it because I believed it was good for the American people."
House Majority Leader Eric Cantor in a statement called the court's decision a "crushing blow" to patients and promised that the House would once again vote to repeal the law. "During the week of July 9th, the House will once again repeal ObamaCare, clearing the way for patient-centered reforms that lower costs and increase choice," he said.
In a written statement, Senate Republican leader Mitch McConnell said, "Today's decision makes one thing clear: Congress must act to repeal this misguided law. Obamacare has not only limited choices and increased health care costs for American families, it has made it harder for American businesses to hire."
Senate Majority Leader Harry Reid said on the Senate floor, "Our Supreme Court has spoken. The matter is settled. It's time for Republicans to stop fighting yesterday's battles."
Emotional reactions
The ruling inspired emotional responses from both liberals and conservatives across the country, illustrating how politically explosive the issue is.
Upon learning the news, House Democratic Leader Nancy Pelosi first left messages for the president and the vice president, according to a top Pelosi aide. Then she called Vicki Kennedy, the wife of the late senator and health care reform champion Ted Kennedy. "Now, Teddy can rest," Pelosi told Kennedy.
The Democratic leader -- wearing her lucky purple pumps -- called her husband after that and then celebrated with her staff.
On the steps of the Supreme Court, before it was clear what the ruling was, Tea Partiers and other opponents of the law cheered and waved signs, initially thinking the law was struck down. The cheered, "Constitution wins!" A few minutes later, after the news was cleared up, they started chanting, "this is not over," and "repeal it now."
Supporters of the health care law, meanwhile, danced in front of the court and shouted, "Yes we can! Yes we can!"
Meka Sales, a public health professional from Charlotte, N.C., told CBS News that at a meeting of the American Public Health Association there, people were crying tears of happiness when they heard the news.
"We were totally unprepared for such a favorable decision. I think tears were on deck for a disappointment but what an incredible surprise," she said. "The room was filled with complete joy and a sense of justice for those that will have access to health care in the future. "
Photos: Decision day on health care act
Popular in Politics
- Michelle Obama decries "slander" that educated blacks are "trying to act white" Play Video
- Immigration bill would require fingerprinting at 30 airports
- Top Obama officials knew about IRS probe, says WH
- Va. GOP candidate: Planned Parenthood "more lethal" for blacks than KKK 684 Comments
- Republicans continue beating Benghazi drum 470 Comments
- Both parties vow to "get to the bottom" of IRS scandal 277 Comments
- Adviser on White House scandals: "Partisan fishing expeditions" won't distract Obama 211 Comments
- Benghazi-disciplined diplomat a prolific poet
Most Popular
-
01
-
02
-
03
-
04
-
05
Most Shared
Most Discussed
In 2006, Mitt Romney praised the individual mandate as the solution to our nation's health care challenges. Now, he has joined the rest of his opportunistic party in condemning it.
The American public is getting increasingly sick of conservatives flip-flopping on their supposedly core beliefs simply to try and score points against President Obama. And the Tea Party, which keeps trying to oust any Republican who shows an ounce bipartisanship, isn't helping.
Fortunately, no matter how increasingly powerful the extreme right of the Republican Party becomes, they cannot oust Chief Justice John Roberts.
Read more: http://www.foxnews.com/opinion/2012/06/28/chief-justice-roberts-does-right-thing-on-obamacare/#ixzz1zE0lM0fS
June 29, 2012
PRINCETON, NJ -- Americans are sharply divided over Thursday's Supreme Court decision on the 2010 healthcare law, with 46% agreeing and 46% disagreeing with the high court's ruling that the law is constitutional.
Democrats widely hail the ruling, most Republicans pan it, and independents are closely divided (with 45% agreeing with the decision and 42% disagreeing with the SCOTUS decision).
http://www.gallup.com/poll/155447/Americans-Issue-Split-Decision-Healthcare-Ruling.aspx
When asked what they want Congress to do now that the high court has upheld the 2010 law, 31% say they would repeal the law entirely and 21% would keep the law in place but repeal parts of it. A quarter of Americans swing in the other direction, saying they would like Congress to pass legislation to expand the government's role in healthcare beyond what the current law does. Thirteen percent want to keep the law in place and do nothing further.
You wouldn't notice if you had. You are all brain dead. You only see what you want to see.
What does Canada pay in defense? How many of these countries getting free HC would have it if they had to pay for their own defense without the USA providing for their needs? To put it simply,your taxes would go through the roof just like ours is about to.
Damn, it's amazing how stupid some of you are. Our healthcare is not FREE! Idiot. We all pay for healthcare. And in doing so, it brings the prices WAY down!
And we can defend our own country, just fine. And what would we have to defend our country from? YOU? No problem. We kicked your ass before, we can do it again. Also, we don't have countries all over the world hating us, like you guys do. And for supposedly being such great DEFENDERS, you sure did a bang up job defending your own against the terrorist attacks, huh?
First off....the Party of Fear ( and mean-spiritedness ), otherwise known as the Republicans, will have a difficult time explaining to rational, sane Americans why they don't want pre-existing conditions covered, or what they have against the elderly receiving help in getting their medications or why young people up to the age of 26 can no longer stay on their parents insurance policies, or why the working poor should just go away and die somewhere when they get sick because they don't carry enough political and financial weight to matter, or why over 45,000 people in this country have to keep dying each and every year because they can't access this nation's health-care system. These crooks have been in the pocket of so many different lobbyists and industries for so many years now, that they have lost what little ability and common sense they ever possessed...if any...to make decisions without being told by their benefactors what to think, say and do.
As for more donations coming in to the the Republican party because of what happened yesterday....what more needs to be said about people who would rather watch other people die than see their taxes go up a buck or two....? What more needs to be said about people that would support a party with their donations instead of spending that same amount of money, ( or less ), helping people get and stay healthy ? The kind of political party that would attract such people as these, with their misguided, hate-filled and psychopathic positions, is not a party of the people....they are the party of the special interest, and the greedy, and the unfeeling, and the morally bankrupt.....at least we know who and what they are, they'll never be able to hide their ugly faces again...
We the People of this nation must fight these creeps every chance we get to make sure these reptiles have as little to say as possible about our nations policies. There is a movement growing in this country that gets stronger every day. Every time some mean-spirited, self-serving political clown shows his or her head, they're being loudly shouted down, and the displeasure of the vast majority of the American people out there is being expressed. As a nation, we must do all we can do to never let these dinosaurs take power again....I believe they have finally succeeded in revealing who and what they are, America finally gets it, their days are definitely numbered, and I think they know it....if they don't, they're going to find out.
It'll be our pleasure as Americans to show 'em....
Instead of using their money to get health insurance for themselves and their families!
: /
Again, for the reading impaired:
"In the opening paragraphs of Chief Justice Roberts' opinion, he clarifies that the law specifically does not involve a tax."
_______________________________________
...does not involve a tax as applicable under the Anti-Injunction Act. Part 1 describes their opinion of how the argument against the law is void under the Anti-Injunction Act.
What he is saying is the Anti Injunction Act, through the eyes of which nothing is a tax until it is PAID, does not kill the law. Part 1 also only applies to Part 1, not the whole opinion or their ruling upholding the law.
In PART 3, where he is not constrained in the definition of a tax by the Anti-Injunction Act, he say IT IS A TAX.
I'm going by the opinion, not fox, not rush.
So who do I believe? A bug-eyed little prehistoric medicine man or my lyin' eyes?
*----------
Definately one worth saving! : )
Thanks "infant.LOL!" for proving your reading comprehension is just as bad as the rest of the fox/rush parrots!
---------------
Darn I lost count of infant's LOL's. I was holding out for 30 before complaining. Guess I'll have to start over now.
LOL!
Obama put out a fatwa today that the military has to get on Obamacare or get fined.
The Irony.
The military has ALL their healthcare taken care of!
And by an Evil Government controlled healthcare system even!
LOL!
"But then, anything that is more complicated than your basic 'See Spot Run' first grade reading primer has always been fair game and fodder for the GOP message machine"
LOL!
Now you and Obama have to deal with Obamacare, The Obama Economy and Amnesty.........as usual, you wont see it coming.
The Irony.