ObamaCare — Yea or Nay?
Today’s the day.
10 AM EDT is when SCOTUS starts to do its thing.
But it’s quite possible that the law will be upheld, instead — as Ann Althouse said last week, there are good arguments on each side.
Some precedents lead one towards declaring the mandate constitutional; taking a step back and looking at the constitution as a whole leads one towards declaring it ultra vires.
In a very real sense, this is a case of first impression — do the enumerated powers of the United States Congress allow it to require one to buy a service? (Well, some of them do. The Militia Power allows the Congress to require one to buy a rifle. But this is a Commerce Clause case.)
This will be an interesting day, either way.
More to come later on this post…
Update, 10:25 AM EDT: So, the right held together on the Commerce Clause reading, but the mandate is saved as an exercise of the taxation authority.
Chief Justice Roberts got together with the four liberal justices to uphold ObamaCare on that basis.
Fascinating, absolutely fascinating.
Very Supreme Court of Canada-like move.
Update, 10:45 AM EDT: Here’s the full judgment.
Final update, noon: If it’s a tax, it can be taken out by reconciliation with fifty votes in the Senate.
Politically, the GOP has a red-meat issue & a plausible path to repeal with 50 votes in the Senate & the presidency.
That’s not nothing. It’s not much today, but it’s not nothing. And SCOTUS did put real limits on the federal commerce power.
My take on this morning can be seen in video.
Children of the 1980s will understand.
Coda: Watch President Obama lie to the American people.