Contents tagged with Supreme Court
Filed in: ObamaCare | by Edward White | 4:01 PM Jun. 29, 2012
Supreme Court Rewrites ObamaCare, Allows Huge Tax Increases
The Supreme Court’s 5-to-4 decision upholding ObamaCare stunned me as it did others. What surprised me the most is that the majority rewrote the law in order to uphold it. To validate ObamaCare, the majority first had to uphold the constitutionality of the individual mandate. The individual mandate, which is the essential component of ObamaCare, requires virtually all Americans to purchase health insurance or pay annual penalties. The majority upheld the individual mandate by deciding it ... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 10:47 AM Jun. 29, 2012
A Supreme Court Stretch Saves ObamaCare
Now that the ObamaCare decision is out and the analysis continues, there are more questions about how the Chief Justice reached his conclusion that the penalty provided for failing to purchase health care is actually a tax - a distinction that cleared the way for the individual mandate and ObamaCare to be upheld as constitutional. What's worth noting here is that President Obama repeatedly sold this health care law saying it was NOT a tax on the American people. But then the Solicitor General,... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 12:06 PM Jun. 28, 2012
One Vote Short of Overturning ObamaCare
It came down to one vote. Most observers had their eye on Justice Kennedy. But, at the end of the day, it was Chief Justice John Roberts who cast the deciding vote - upholding the individual mandate and keeping ObamaCare intact. While the Court correctly concluded that the mandate violated the Commerce Clause of the Constitution, a majority concluded that the individual mandate is a constitutionally-acceptable taxing provision for the health care law. That is extremely disappointing. I disagre... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 2:28 PM Jun. 27, 2012
SCOTUS: ObamaCare Decision Just Hours Away
Everyone is trying to read the tea leaves. With the Supreme Court set to issue its opinion on the constitutionality of ObamaCare in a matter of hours - on the final day of its term - there's growing speculation that Chief Justice John Roberts will write the opinion. And, if so, what does that mean? It's certainly likely that the Chief Justice will author the opinion, but not confirmed. And the way this issue has been litigated, right now, there are still more questions than answers. Don't forge... Continue Reading
