USA Today

The Supreme Court upheld President Obama's health care law today in a splintered, complex opinion that gives Obama a major election-year victory.

Supreme Court Upholds Obama’s Healthcare Law

USA Today

The Supreme Court upheld President Obama‘s health care law today in a splintered, complex opinion that gives Obama a major election-year victory.

Basically. the justices said that the individual mandate — the requirement that most Americans buy health insurance or pay a fine — is constitutional as a tax.

Chief Justice John Roberts — a conservative appointed by President George W. Bush — provided the key vote to preserve the landmark health care law, which figures to be a major issue in Obama’s re-election bid against Republican opponent Mitt Romney.

The government had argued that Congress had the authority to pass the individual mandate as part of its power to regulate interstate commerce; the court disagreed with that analysis, but preserved the mandate because the fine amounts to a tax that is within Congress’ constitutional taxing powers.

The announcement will have a major impact on the nation’s health care system, the actions of both federal and state governments, and the course of the November presidential and congressional elections.

The law’s individual mandate had been the key question for the court.

Critics called the requirement an unconstitutional overreach by Congress and the Obama administration; supporters say it is necessary to finance the health care plan.

While the individual mandate remains 18 months away from implementation, many other provisions of the health care law already have gone into effect, such as free wellness exams for seniors and allowing children up to age 26 to remain on their parents’ health insurance policies.

Other impacts will sort themselves out over the next several years:

— Health care millions of Americans will be affected – coverage for some, premiums for others. Doctors, hospitals, drug makers, insurers, and employers large and small all will feel the impact.

— States — some of which have moved ahead with the health care overhaul while others have held back — now have decisions to make. A deeply divided Congress could decide to re-enter the debate with legislation.

— The presidential race between Obama and Republican challenger Mitt Romney is sure to feel the repercussions. Obama’s health care law has proven to be slightly more unpopular than popular among Americans.

Not since the court confirmed George W. Bush’s election in December 2000 — before 9/11, Afghanistan and Iraq, Wall Street’s dive and Obama’s rise — has one case carried such sweeping implications for nearly every American.

Passed by Democrats along strictly partisan lines and still 18 months short of full implementation, the law is designed to extend health coverage to some 32 million uninsured people, ban insurers from discriminating against those with expensive ailments, and require nearly all Americans to buy insurance or pay penalties.

Its passage on March 23, 2010, marked the culmination of an effort by Democrats to overhaul the nation’s health care system that dates back to Harry Truman‘s presidency. The most recent effort by President Bill Clinton in 1994 fell victim to Republican opposition. Since then, lesser changes have been enacted, including creation of a separate Children’s Health Insurance Program in the states.

55 Comments

  • Thank you

    B”H

    I need this more than ever. People should not have to suffer and die because they can’t afford insurance.

  • Yay!

    Boruch Hashem, now more Jews will live longer healthier lives. Thank you President Obama!

  • Nobody

    #3,

    Canada’s wonderful health care system killed my Shadchan. So will you take responsibility for all the people denied healthcare by this?

  • yes

    if obamacare would have been repealed no conservative would have ever looked to reform this broken system, they dont care! thank you democrats and president obama! america now protect its citizens from going broke because they are sick! making huge profits off of peoples dire medical needs is a disgrace and america has now joined the rest of the civilized world!

  • question

    so if republicans can repeal obamacare at the end of the day (doubtful), how do they explain to parents that their child is no longer covered under their insurance for example? how do you explain your political standings against an obvious human necessity and need? where is the republicans answer and replacement for universal healthcare? they just want to repeal but not replace with anything because mr insurance has them in their pocket!!!!

  • to#4

    because doctors in america never kill anyone…ever heard the numerous malpractice lawyer commercials on the radio LOL

    get your head out of the sand. its sad that republicans worse nightmare is that ALL americans now have access to healthcare! what an atrocity right???!!!

  • ch mom

    they could have saved thousands of $$ – all they had to do was lower the requirements for medicaid.

  • Milhouse

    0bama swore up and down that this was not a tax. He promised that he would never increase taxes on anyone earning less than $250K. Now the Supreme Court has called him a liar. This is a massive regressive tax.

    Of course if the Dems had admitted that it was a tax, it would never have passed Congress in the first place. They only got it through by saying it wasn’t a tax, and now they say it is.

  • Susie Madrak

    ER docs kept saying “you need surgery right away.” When they found out I didn’t have insurance, not such an emergency anymore!

    Thank you O!

  • Canadian

    So the system is broken so lets destroy it completely…

    So some people cant pay for medical care so lets make it free so the quality of it will erode drastically so even more people will die. but hey at least they’ll be able to afford it.

    I live in Canada… you people have absolutely no idea what you will be in for in the next couple of decades. Doctor shortages, long waits, held back treatment, and that’s just the beginning.

    Let’s pray that it’s repealed though even if it is repealed, the precedent set here basically says that the republic has ceased to exist in any meaningful form. Because if government can regulate behaviour via taxing specific action or lack thereof in what sense is it restrained?

  • Who pays for this?

    Who pays for this?
    NOT Obama!!!

    The HARD WORKING tax payer pays for this.

  • Sarah Palin

    Thank you, SCOTUS. This Obamacare ruling fires up the troops as America’s eyes are opened! Thank God.

    This proves to be such an unsettling time in America as we undergo the fundamental transformation that Barack Obama promised he would do to us if elected. Obamacare was dealt in deception and confusion by flooding the public with an overwhelming amount of conflicting “rationale” via thousands of pages of unread legislative detail, which is the radical left’s M.O. Obama promised the American people this wasn’t a tax and that he’d never raise taxes on anyone making less than $250,000. We now see that this is the largest tax increase in history. It will slam every business owner and every one of the 50% of Americans who currently pay their taxes. The other 50% are being deceived if they think they’re going to get a free ride – because Medicaid is broke. Recipients of Obama’s “free health care” will have fewer choices and less accessibility. Trust me – this much more expensive health care WILL be rationed; to claim otherwise defies all economic and common sense.

    We will not retreat on this. A newly elected legislative branch is key to defending our Republic and fundamentally restoring all that is good in America.

    SCOTUS now rules this is a tax? Well, Congress has the ability to create taxes – and also has the ability to rescind them. Upon their return from the July recess, Congress should act immediately to repeal this terrible new tax on the American people, and indeed they must repeal all of Obamacare. This is the most brazen and sweeping new tax and government overreach imposed on us. We the People did not ask for this tax, we do not want this tax, and we can’t afford this tax. This is not an answer to America’s health care challenges.

    It’s time, again, for patriotic Americans to rise up to protest this obvious infringement on our economic and personal freedom. November is just around the corner. Today, the Supreme Court issued their ruling on Obamacare. In November, We the People will issue ours.

    – Sarah Palin

  • to#8

    insurance companies will have to stop denying coverage and lower their extremely high rates for one. second of all there are more tax breaks in obamacare than tax expenditure…

  • Andrea Schonberger

    Baruch Hashem!!! I’m covered by the military TriCare program and I want everyone to have the same kind of excellent health care that I get for the annual cost of $460. Health care is a basic human right and not a luxury. No one should die because finances prohibit a doctor appointment.

  • why do i care what sara palin thinks,

    she represents everything thats wrong with our country! she is a complete nitwit, and uneducated peice of white trash.

    lets not forget she left her state hanging when she quit halfway through her first term to go write books and make appearences so she could cash in on LOSING…

  • president obama speech on victory

    Good afternoon. Earlier today, the Supreme Court upheld the constitutionality of the Affordable Care Act — the name of the health care reform we passed two years ago. In doing so, they’ve reaffirmed a fundamental principle that here in America — in the wealthiest nation on Earth – no illness or accident should lead to any family’s financial ruin.

    I know there will be a lot of discussion today about the politics of all this, about who won and who lost. That’s how these things tend to be viewed here in Washington. But that discussion completely misses the point. Whatever the politics, today’s decision was a victory for people all over this country whose lives will be more secure because of this law and the Supreme Court’s decision to uphold it.

    And because this law has a direct impact on so many Americans, I want to take this opportunity to talk about exactly what it means for you.

    First, if you’re one of the more than 250 million Americans who already have health insurance, you will keep your health insurance — this law will only make it more secure and more affordable. Insurance companies can no longer impose lifetime limits on the amount of care you receive. They can no longer discriminate against children with preexisting conditions. They can no longer drop your coverage if you get sick. They can no longer jack up your premiums without reason. They are required to provide free preventive care like check-ups and mammograms — a provision that’s already helped 54 million Americans with private insurance. And by this August, nearly 13 million of you will receive a rebate from your insurance company because it spent too much on things like administrative costs and CEO bonuses, and not enough on your health care.

    There’s more. Because of the Affordable Care Act, young adults under the age of 26 are able to stay on their parent’s health care plans — a provision that’s already helped 6 million young Americans. And because of the Affordable Care Act, seniors receive a discount on their prescription drugs — a discount that’s already saved more than 5 million seniors on Medicare about $600 each.

  • president obama speech on victory 2

    All of this is happening because of the Affordable Care Act. These provisions provide common-sense protections for middle class families, and they enjoy broad popular support. And thanks to today’s decision, all of these benefits and protections will continue for Americans who already have health insurance.

    Now, if you’re one of the 30 million Americans who don’t yet have health insurance, starting in 2014 this law will offer you an array of quality, affordable, private health insurance plans to choose from. Each state will take the lead in designing their own menu of options, and if states can come up with even better ways of covering more people at the same quality and cost, this law allows them to do that, too. And I’ve asked Congress to help speed up that process, and give states this flexibility in year one.

    Once states set up these health insurance marketplaces, known as exchanges, insurance companies will no longer be able to discriminate against any American with a preexisting health condition. They won’t be able to charge you more just because you’re a woman. They won’t be able to bill you into bankruptcy. If you’re sick, you’ll finally have the same chance to get quality, affordable health care as everyone else. And if you can’t afford the premiums, you’ll receive a credit that helps pay for it.

    Today, the Supreme Court also upheld the principle that people who can afford health insurance should take the responsibility to buy health insurance. This is important for two reasons.

    First, when uninsured people who can afford coverage get sick, and show up at the emergency room for care, the rest of us end up paying for their care in the form of higher premiums.

    And second, if you ask insurance companies to cover people with preexisting conditions, but don’t require people who can afford it to buy their own insurance, some folks might wait until they’re sick to buy the care they need — which would also drive up everybody else’s premiums.

    That’s why, even though I knew it wouldn’t be politically popular, and resisted the idea when I ran for this office, we ultimately included a provision in the Affordable Care Act that people who can afford to buy health insurance should take the responsibility to do so. In fact, this idea has enjoyed support from members of both parties, including the current Republican nominee for President.

    Still, I know the debate over this law has been divisive. I respect the very real concerns that millions of Americans have shared. And I know a lot of coverage through this health care debate has focused on what it means politically.

    Well, it should be pretty clear by now that I didn’t do this because it was good politics. I did it because I believed it was good for the country. I did it because I believed it was good for the American people.

    There’s a framed letter that hangs in my office right now. It was sent to me during the health care debate by a woman named Natoma Canfield. For years and years, Natoma did everything right. She bought health insurance. She paid her premiums on time. But 18 years ago, Natoma was diagnosed with cancer. And even though she’d been cancer-free for more than a decade, her insurance company kept jacking up her rates, year after year. And despite her desire to keep her coverage — despite her fears that she would get sick again — she had to surrender her health insurance, and was forced to hang her fortunes on chance.

    I carried Natoma’s story with me every day of the fight to pass this law. It reminded me of all the Americans, all across the country, who have had to worry not only about getting sick, but about the cost of getting well.

    Natoma is well today. And because of this law, there are other Americans — other sons and daughters, brothers and sisters, fathers and mothers — who will not have to hang their fortunes on chance. These are the Americans for whom we passed this law.

    The highest Court in the land has now spoken. We will continue to implement this law. And we’ll work together to improve on it where we can. But what we won’t do — what the country can’t afford to do — is refight the political battles of two years ago, or go back to the way things were.

    With today’s announcement, it’s time for us to move forward — to implement and, where necessary, improve on this law. And now is the time to keep our focus on the most urgent challenge of our time: putting people back to work, paying down our debt, and building an economy where people can have confidence that if they work hard, they can get ahead.

    But today, I’m as confident as ever that when we look back five years from now, or 10 years from now, or 20 years from now, we’ll be better off because we had the courage to pass this law and keep moving forward.

    Thank you. God bless you, and God bless America.

  • Free Money

    I have a few more ideas to add to Obamacare…

    Tax payers (“the government”)should and must pay for our…

    1) Electricity. Every human-being in ENTITLED to FREE electricity.

    2) We are ENTITLED to FREE basic home appliances like…
    Beverage, Keg, & Wine Coolers, Cooktops, Dishwashers,Disposers,Freezers,Ice Makers,Microwaves,Range Hoods, Ranges,Refrigerators,Trash Compactors, Wall Ovens,All kitchen utensils, washer and drier, dishwashers and coffee makers, let’s not forget vacuums…Just to name a few.

    3) We are ENTITLED to FREE basic home necessities like…
    Free desk top and lap-top computers for everyone in the household. I would say free Ipads but that might be a bit of an exaggeration ;). Let’s not forget FREE Internet, it’s our right!

    Free flat screen televisions with free cable and a DVD player.

    3) Free School.

    4) Free Camp.

    5) Free food.

    6) Free transplantation.

    7) Free cell phone service.

    FREE FREE FREE, let everything be free! It’s mean to ask people to pay for things! Screw the doctor who just spent over 10 years working to become a doctor. he should do it for free!!!

  • Sara Palin?

    talk about a nut job…why are you quoting her? she is not in office, she quit to make money off of her loss w mccain w reality tv shws! LOL

  • och und vey

    My mother waited 6 months for a cardiac stress test in UK. This is what we have to look forward to. People WILL die waiting for tests & treatment, just like my cousin did…he sat in a hospital chair from Friday to Monday without any medical care & he died Wednesday. i know many of you don’t want to know this so i shouldn’t confuse you with the facts, right?

    Romney is our only hope. Not the best, but the only hope we have to save this country.

  • somebody

    to #1,3,5,6,7,8,11,16.
    “dance and sing! we are saved the great messiah, Obama, has saved us!”
    now lets stop & look for a moment, what did we gain?
    “what do you mean? free health care! no more rejects, no more premiums, no more insurance companies telling us what to do! finally I can get insurance that someone else is paying for! even without a cent in my pocket, I’m covered!”
    interesting. did you try getting any until now?
    “No, the media said not to bother.”
    I thought so. Did you realize that the media loves Obama and everything he does? That the democrats want the bill passed so they can force you to buy insurance- & that they can tell you what to do in order to get it? & if you don’t do what they say, they will throw you into jail when you cant pay the 10 billion dollar fine!? that they now have the power to tell you to work on Shabbos- or we wont give you any insurance and you’ll go to jail!?
    “But we’re not in Russia!”
    Oh really? What makes America different from Russia exactly? the power of the people- which is directly affected by the power of the government! when the government is strong the people are weak- & vice versa! as of right now, the government can force you to do whatever they want you to do. & if you really want free health care, look at Canada.

  • read a little maybe and youl know that..

    how many of you know anything about romney other than hes running for president? geez

    for those who dont know romney had the individual mandate in his state and it WORKED!! obamacare is actually ROMNEYCARE!!!

  • to#21

    yes, there is no difference between access to life saving healthcare that doesn’t bankrupt you and a cell phone..

  • to#23

    and if you dont have insurance in america you get such a big bill you lose your house your car everything you go belly up, and thats if they let you in the operating room, so please….we are the only modern country that allows big insurance companies to profit off of death…its immoral and thank god we have joined the party and will discontinue this practice, although very very late!

  • 4 THE NEGATIVE NILLYS: A DOSE OF REALITY

    NO PROBLEM. HAVE YOUR CHILD DECLARED INDEPENDENT ON YOUR TAXES AND HE WONT GET HEALTH INSURANCE. NO PROBLEMS HERE.

    FURTHERMORE, IF A SUDDEN SICKNESS OR ACCIDENT SHOULD BEFALL A LOVED ONE OF YOURS IM SURE YOU WILL HAVE NO PROBLEM WHEN THE INSURANCE COMPANY DENIES YOU COVERAGE AND YOU HAVE TO BORROW HUNDREDS OF THOUSANDS OF DOLLARS TO COVER MEDICAL COSTS…

    GETTING SCREWED OVER BY GREEDY INSURANCE COMPANIES WILL NOW BE IN THE PAST BECAUSE OF AFFORDABLE HEALTHCARE!!!

    IN CONCLUSION:

    IF YOU DONT LIKE THE BILL PLEASE EMPTY YOUR LIFE SAVINGS AND SELL YOUR HOME FOR WHEN YOU GET SICK AND THE INSURANCE COMPANIES MAKE UP SOME BOGUS EXCUSE WHY YOU ARE NOT COVERED!!!

  • numer 15 and 21

    you guys make an unshakable argument, wow, such adulterated wisdom…NOT

  • yes

    Court makes it clear – You’re covered. Huge victory for the American people, small businesses, women, children

  • HORRIBLE

    After today’s ruling we now live in a republican nightmare: a nation where a majority of the people sort of have access to healthcare!

  • only in america

    would so many overweight diabetic people with heart disease be upset that they’re gunu have healthcare lol

  • ROMNEY BLASTS SUPREME COURT

    calling affordable care act “worst idea i ever had” :)

  • Nobody

    #8, she died because she couldn’t get a diagnosis for a year. Doctors kill people in Canada as well. She couldn’t get to see one. Why do think so many Canadians come here when they need actual treatment?

    Anyway, this law won’t do anything, other than push out any lower quality health insurance options, force the premiums up even higher.

    But we are doing it for the poor people, of course.

  • there you go, plain and simple!

    here in America — in the wealthiest nation on Earth – no illness or accident should lead to any family’s financial ruin.

  • NObama care!!!

    I am shocked by the narrow-minded idiots commenting here.

    Did you know that all of Europe has national health care? Did you know that the national healthcare system is failing so bad, that people are DYING while waiting to see a doctor?

    Your narrow-mindedness has elected this Obamination into office, and you will now pay dearly for this by pulling out your own teeth because no dentist will take your Obamacare insurance. See below

    http://www.dailymail.co.uk/

  • still free but not for long!!!

    Right on #21!!!!!!!!!!

    How’s that HOPE working for you???

  • Nobody

    #38, I know all of Europe has some form of nationally regulated health care.

    Did you know that in England everyone who wants treatment pays for it privately because the government run health care is incapable of providing care in a timely manner?

    Anyway, for a business, they will have to pay $750 a year per employee – that doesn’t hold a candle to health insurance. No one is getting health insurance, the government is just raising taxes.

  • Canadian

    Here’s the crux of the issue. Too many commenters here and elsewhere confuse health insurance with health care.

    It’s easy to give everyone insurance. It sounds awesome actually. What is harder is to give everyone whom you’ve insured adequate CARE. Insurance prices exist for a reason. Greed is only one element. But then there is also competition that tempers the greed (medical insurance companies generally work on a 2% margin of profit). What this means is that if everyone will be INSURED then everyone will receive poorer CARE. it cannot be otherwise.

    You can call it good thing, a bad thing or whatever you’d like. That’s an opinion you’re entitled to. What cannot be argued is that it will result in worse care. Most likely MUCH worse care.

    If this law goes forward you can expect in the near future more kids enrolling in law school and less in medical school. There will be less doctors and more lawyers. The doctors that will remain will be more along the lines of government bureaucrats than carers of health.

    You can consider this a good trade off. That’s your opinion. But just remember that that is what will happen.

    I know because I’ve lived it. I’m from Canada.

  • A. Jacobson

    Some well-meaning people are peddling the notion that today’s Obamacare decision was a long term victory, that we lost the battle but won the war, that there was some master plan by Chief Justice Roberts to gut the expansion of Commerce Clause power under the fig leaf of a majority ruling upholding the mandate under Congress’s taxing power.

    To paraphrase Joe Biden, I have just four words for you:

    BIG —— DEAL

    If this were some other more narrow law, if this was not a monumental takeover of the most private aspects of our lives, if this monstrosity would not cause such long term damage to our health care system, if this law was not Obamacare ….

    I might be inclined to agree with you.

    But it is Obamacare, it is the takeover of a substantial portion of our economy which empowers the federal government to write tens of thousands of pages of regulations telling us how to live and how to die.

    This was the hill to fight on for any conservative Justice of the Supreme Court.

    Yet because the conservative Chief Justice sided with the liberal Justices on the result, we have Obamacare.

    Whether the Chief Justice did it out of good faith belief in the correctness of his opinion (which is what I believe) or as part of some master plan (the theory some are peddling), the result is the same: Until further notice Obamacare is the law of the land.

    Sure, we now are motivated for November. And maybe in the end we will get rid of Obamacare.

    But that is then and this is now. And under any reasonable theory of conservative judicial restraint, the Chief Justice should have allowed Obamacare to fall of its own weight, of a weight born of a political process in which the mandate could not be called a tax because the nation would not have stood for it.

    This is now, and today we should have been rid of this monstrosity.

    We live to fight another day, but don’t tell me we won because someday possibly in the future in some other case with some other set of Justices we maybe might achieve some doctrinal benefit from the Commerce Clause ruling.

    So please don’t delude yourselves. Today was a bitter loss because it was one we should have won.

  • Feh to You

    #24 After I lost full benefits after my company went under, I could not afford $700+ per month for the care I needed. It’s more expensive for a female.

    I don’t know what “wait” people are talking about as I’ve had to already wait over 1-2 months for specialists. I’ve seen a lot of waiting in doctors offices because people bring their kids in for every bruise and bump without an appointment. I know a young man with a severe neurological disability who had to move to the UK for treatment because he could not get it here.

    The opinions I’ve heard from Canadians and across the water say are that the healthcare is great.

    #21 India has subsidized education. They go to medical school free and come here without debt. They start out ahead of everybody else and don’t have to worry about hundreds of thousands of dollars of debt. There IS free school, PUBLIC secular school.

    We are behind: June 29, 2012 12:43am

  • Nothing Is Free

    Nothing in life is free, theres always a price.

    I would rather pay and know what I’m getting then not pay and hope for the best.

    Nobody likes working for free. Doctors will not work for free.

    It all sounds good it theory but in realty it doesn’t work.

    The Libs got to stop fear mongering people with emotions. Stop using “the children will die line”, it’s simply not true.

  • experienced

    Clearly, everybody here is under the assumption that insurance companies are mean greedy & nasty- the picture painted by the media.
    Did you guys get any real experience with insurance companies?
    clearly, the answer is no. My personal experience with these guys is that they pay, & there are enough of them on the market to get a decent price (definitely less then this bill will cost).

  • to#45

    i have experience, real bad experience! so happy you got a good plan…most americans cant afford that…

  • DaasTorah

    BARUCH HASHEM! It was the right thing to do. Ignore all the rhetoric and focus on the fact that this will save lives!

  • To #43

    Why don’t you look at what the Canadian in comment #41 said?

    You are and idiot, and a low-life tax evader. If you would pay income tax, you would understand the burden this places on the hard working middle class.

  • Read this and vote him out!!!!

    You guys are sooo ignorant!!!! Obama care does not mean socialized medicine. It means that you will all be forced to buy insurance. And if the government decides that you cannot afford it they will supplement it. However, how is this going to work. The insurance companies are already charging a lot more money ever since the Obama people started with their plans and it will still increase and so will your taxes. Nothing is free!! If you don’t buy insurance you will be penalizes! ..you will not save anything, you will just have lousy coverage that is controlled by the government. (your medical care will run like the post office)
    For those who can use medical as a tax deduction, you cannot use higher taxes, as a tax deduction. This will affect businesses that employ people. And the unemployment rates will continue to increase. Vote this bastard out of office, you won’t know about this damage for another few years and by then it will be too late,,,,,

  • Milhouse

    #18 and #22, I’ll bet Sarah Palin is a lot smarter and more educated than you are, and more importantly she’s a better person than you can ever dream of being. How dare you look down on her?

  • Milhouse

    All these people crowing about how everything is now FREE: nothing is free. Someone has to pay for it, and if you’re not paying for it then someone else is being forced to pay for you. That is stealing. It’s immoral. If you can’t afford the medical care you need, that’s what charity is for; but what right do you have to force someone to pay for it?

  • ruth gindburg

    By any measure, the health care market is immense, accounting for 17.6 percent of our Nation’s economy. Moreover, unlike the market for almost any other product or service, the market for medical care is one in which all individuals inevitably participate. Moreover, on average, an individual in the United States incurs over $7,000 in health-care expenses each year. To manage the risks associated with medical care — its high cost, its unpredictability, and its inevitability — most people in the United States obtain health insurance.

    Not all U. S. residents, however, have health insurance. In 2009, approximately 50 million people were uninsured, either by choice or, more likely, because they could not afford private insurance and did not qualify for government aid. As a group, uninsured individuals annually consume more than $100 billion in health-care services.

    Unlike markets for most products, the inability to pay for care does not mean that an uninsured individual will receive no care. Federal and state law, as well as professional obligations and embedded social norms, require hospitals and physicians to provide care when it is most needed, regardless of the patient’s ability to pay. As a consequence, medical-care providers deliver significant amounts of care to the uninsured for which the providers receive no payment.

    Health-care providers do not absorb these bad debts. Instead, they raise their prices, passing along the cost of uncompensated care to those who do pay. In response, private insurers increase their premiums, shifting the cost onto those who carry insurance. The net result: Those with health insurance subsidize the medical care of those without it.

    The size of this subsidy is considerable. Congress found that the cost-shifting just described “increases family [insurance] premiums by on average over $1,000 a year.” Higher premiums, in turn, render health insurance less affordable, forcing more people to go without insurance and leading to further cost-shifting. Congress therefore passed the individual mandate provision of the ACA to address an economic and social problem that has plagued the nation for decades.
    * * * * * * *

    The Commerce Clause was the Framers’ response to the central problem that gave rise to the Constitution itself. What was needed was a “national Government … armed with a positive & compleat authority in all cases where [national] measures are necessary.” (Quoting James Madison.) The Framers’ solution was the Commerce Clause, which, as they perceived it, granted Congress the authority to enact economic legislation “in all Cases for the general Interests of the Union.” (Quoting Alexander Hamilton.)

    Consistent with the Framers’ intent, we have repeatedly emphasized that Congress’ authority under the Commerce Clause is dependent upon “practical” considerations. Until today, this Court’s pragmatic approach to judging whether Congress validly exercised its commerce power was guided by two familiar principles. First, Congress has the power to regulate economic activities “that substantially affect interstate commerce.” Second, we owe a large measure of respect to Congress when it frames and enacts economic and social legislation. When appraising such legislation, we ask only (1) whether Congress had a “rational basis” for concluding that the regulated activity substantially affects interstate commerce, and (2) whether there is a “reasonable connection between the regulatory means selected and the asserted ends.”

    Straightforward application of these principles would require the Court to hold that the individual mandate provision is proper Commerce Clause legislation. Beyond dispute, Congress had a rational basis for concluding that the uninsured, as a class, substantially affect interstate commerce. Not only do those without insurance consume billions of dollars of health care each year, but their inability to pay for a significant portion of that consumption drives up market prices, foists costs on other consumers, and reduces market efficiency and stability. Given these far-reaching effects on interstate commerce, the decision to forego insurance is hardly inconsequential or equivalent to “doing nothing.”

  • Feh to You

    #48

    You couldn’t be further from the truth but it’s no matter to me. Now when I see the deduction coming out of my checks, I know it’s going to my healthcare. (:

    Read #54.

    What hard working middle class? All the rabbis who write off their homes as shuls and non-profits? All the CHers with their leased vehicles, $$$$$ bungalows, camp and yeshiva costs, hundreds of thousands of dollars under the table money, women with expensive sheitels, designer clothing, big jewelry, EBT cards and helpers? Poor you.