PICKET: Obamacare mandate survives...as a tax

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The Supreme Court ruled on Thursday that the Democrat passed Affordable Care Act’s health care mandate constitutional. Despite mass predictions that Chief Justice John Roberts would side with the four other more conservative justices on the high court, Roberts voted with the court’s liberal half and the mandate survived as a tax. The court released their opinions with Justice Roberts writing for the majority and Justice Antonin Scalia writing the dissent. 

 National Journal Reports:

Court votes 5-4 to uphold mandate

Roberts vote saves mandate

Requirement to carry insurance counts as a tax, is constitutional

Feds may not take Medicaid from states that refuse to take part

The Washington Post writes:

The court reviewed four questions: whether it was within Congress’s constitutional powers to impose an “individual mandate” to purchase health insurance; whether all or any additional parts of the law must be struck down if the mandate is rejected; whether an expansion of Medicaid was unduly coercive on the states and whether all of those questions can even be reviewed before the mandate takes effect.

On the Medicaid question, the judges found that the law’s expansion of Medicaid can move forward, but not its provision that threatens states with the loss of their existing Medicaid funding if the states declined to comply with the expansion. The finding immediately raises questions as to how effectively the federal government will be able to implement the expansion of the joint federal-state insurance program for the poor.

The most crucial issue before the court was considered to be the individual mandate, known technically as the “minimum coverage” provision, because striking it down would jeopardize the ability of insurers to comply with other, more popular elements of the health-care law without drastically raising premiums. Under those other provisions, for example, insurers can no longer limit or deny benefits to children because of a preexisting condition, and young adults to up age 26 are eligible for insurance coverage under their parents’ plans.

In 2009, President Obama argued with ABC’s George Stephanopoulos over the isuue that the health care mandate was not a tax increase:

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STEPHANOPOULOS:  …during the campaign.  Under this mandate, the government is forcing people to spend money, fining you if you don’t. How is that not a tax?

OBAMA:  Well, hold on a second, George. Here — here’s what’s happening.  You and I are both paying $900, on average — our families — in higher premiums because of uncompensated care.  Now what I’ve said is that if you can’t afford health insurance, you certainly shouldn’t be punished for that.  That’s just piling on. If, on the other hand, we’re giving tax credits, we’ve set up an exchange, you are now part of a big pool, we’ve driven down the costs, we’ve done everything we can and you actually can afford health insurance, but you’ve just decided, you know what, I want to take my chances.  And then you get hit by a bus and you and I have to pay for the emergency room care, that’s…

STEPHANOPOULOS:  That may be, but it’s still a tax increase.

OBAMA:  No.  That’s not true, George.  The — for us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase.  What it’s saying is, is that we’re not going to have other people carrying your burdens for you anymore than the fact that right now everybody in America, just about, has to get auto insurance. Nobody considers that a tax increase. People say to themselves, that is a fair way to make sure that if you hit my car, that I’m not covering all the costs.

STEPHANOPOULOS:  But it may be fair, it may be good public policy…

OBAMA:  No, but — but, George, you — you can’t just make up that language and decide that that’s called a tax increase.  Any…

STEPHANOPOULOS:  Here’s the…

OBAMA:  What — what — if I — if I say that right now your premiums are going to be going up by 5 or 8 or 10 percent next year and you say well, that’s not a tax increase; but, on the other hand, if I say that I don’t want to have to pay for you not carrying coverage even after I give you tax credits that make it affordable, then…

STEPHANOPOULOS:  I — I don’t think I’m making it up. Merriam Webster’s Dictionary: Tax — “a charge, usually of money, imposed by authority on persons or property for public purposes.”

OBAMA:  George, the fact that you looked up Merriam’s Dictionary, the definition of tax increase, indicates to me that you’re stretching a little bit right now.  Otherwise, you wouldn’t have gone to the dictionary to check on the definition.  I mean what…

STEPHANOPOULOS:  Well, no, but…

OBAMA:  …what you’re saying is…

STEPHANOPOULOS:  I wanted to check for myself.  But your critics say it is a tax increase.

OBAMA:  My critics say everything is a tax increase.  My critics say that I’m taking over every sector of the economy.  You know that. Look, we can have a legitimate debate about whether or not we’re going to have an individual mandate or not, but…

STEPHANOPOULOS:  But you reject that it’s a tax increase?

OBAMA:  I absolutely reject that notion.

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About the Author
Kerry Picket

Kerry Picket

Kerry Picket, a former Opinion Blogger/Editor of The Watercooler, was associate producer for the Media Research Center, a content producer for Robin Quivers of "The Howard Stern Show" on Sirius satellite radio and a production assistant and copy writer at MTV.

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