SCOTUS Obamacare Decision

Mandate survives as a tax!

Medicaid provision limited but not invalidated.

“The Bottom Line: The entire ACA bill is upheld, with the exception that the Federal Government’s power to terminate states’ Medicaid funds is narrowly read.”

Chief Justice Robert’s vote was the deciding vote. Ugh.

Livestreaming here:

http://www.c-span.org/Live-Video/C-SPAN3/

Consider this mainly an open thread for discussion and links regarding the decision and ramifications. Will post a few updates as we go.

Update One: Thoughts from Insty

Ed Morrissey

Ace– Plan B is shot, but Plan A is Very Much in Play

Update Two: (h/t MRM) WhiteHouseInsider: Believe me, this is very good news! (read what he says– this guys has been right on a lot of things before, and I am already seeing a lot of the sentiment he’s talking about).

Women of Grace weighs in.

Slate: Roberts Just Gutted the Comerce Clause

About zmalfoy

Z. Malfoy is a practicing Catholic-with-an-"interesting"-past. She earned her Bachelor's Degree in Music Education (Spec. Voice) from Loyola University New Orleans, and has since taken a few business courses to expand her knowledge base. In her free time, she studies belly-dance, alchemy, theology, and various skills related to self-sufficiency. She also enjoys reading science fiction, refreshing her French, and watching anime. She recently started with learning Krav Maga and Russian.
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62 Responses to SCOTUS Obamacare Decision

  1. zmalfoy says:

    . . . I’ll have, maybe, some commentary of my own in a few hours. In the meantime, this is no time to be depressed. That it even got to the SCOTUS is due solely to the fights we, the Tea Partly folk, put up. Now we fight for repeal. Now we continue to fight to take our legislatures and executives back to working for us.

    More later. I have to get some actual, yanno, work done . . .

  2. solaratov says:

    from Scotusblog live feed…………………

    10:13Tom:
    The bottom line: the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.

    Lil barry now has permission to bankrupt America…………..and control every facet of your life, from womb to tomb.

    FUCK’EM!!!!!!!!!!!!!!!!!!!!!! 👿

  3. MRM says:

    In an effort to find some silver lining… my first two thoughts (after the one that echos Sol’s above) are 1.) that this negates the inevitable “having his back” that would have taken place with the Obots had it been struck down. And, 2.) it ensures that the conservatives will stay fired up to elect true patriots in order to repeal.

  4. freedom1781 says:

    I have to fight back tears. Words can not express my disappointment in Roberts. I’m going to have to fight from cursing on this blog. This effed up law better effin’ be REPEALED. Vote all those S.O.B.’s who voted for this monstrosity OUT!!!! A tax? Really? WTF?!!!! I’m not going to retreat, I’m gonna reload!!! And damn straight I’m going to “Remember in November” and I will make sure every lib knows it, too. Commie bastards, every last fuckin’ one of them. (Sorry for the cursing. I’m trying to control myself!) UUUGGHHHHH!!!!!!

    • I’m with you, Freedom. I’m reading some other conservative voices who say this is a good thing for the cause, like WHI & BFH, but I just can’t see how this enormous victory can do anything but embolden the White House.

      • MRM says:

        Just heard that Romney’s campaign has taken in over $300,000 just since the decision was announced. #war

      • freedom1781 says:

        I know. Romney was just saying that he wants to repeal and replace and now I know Obama will put out campaign ads telling people that if they want to keep their “free healthcare” they need to re-elect him.

      • zmalfoy says:

        The good part, Grunt, is that the very tone and words that Freedom wrote are exactly what everyone else who is even slightly conservative is saying right now. This decision is a truly polarizing thing. It makes people choose, even those who generally stay on the sidelines. It fires up the weary. It gives Romney, the states, the Tea Party, all the fuel they need. It’s now official that Obama has levied a something-billion tax on the middle class.

        Yes, this will embolden the White House. Yes, this will have horrible economic, social, and even spiritual consequences. But it also emboldens us. It gives us such a huge stick to thwack Obama and supporters with. It gives focus to what was hypothetical, nebulous feelings before. And, Grunt, one Catholic to another, this coupled with the other issues might finally prod the bishops into making certain principles clear, and into finally making clear that socialism is not consistent with catholic teaching on compassion and charity.

        I’m sure I’ll feel depressed enough in the coming days. But right now, I. not feeling despair. I’m feeling. . .

        . . .

        I’m feeling like a pan of water into which a cube of sodium has been carelessly tossed. Watch me react

        • Knight4GFC says:

          I am at work… but forget work! I have to reply. I agrees with Z! I will also say: Tax?!!! No taxation without representation! Time to get these nuts out of office and elect the right representatives who will represent the good people of America!

        • React away, Good Zophiel! There are definitely good aspects, especially the firing up of our base. I guess I just see the magnitude of the fight ahead, and it’s a little intimidating. The churches are going to be forced, now, to file endless lawsuits to protect us from endless taxpayer funding of abortion, and now they have a big hammer to hit us with. They’ll say: “See? We were right all along! The SCOTUS agrees with us. We’re CONSTIMATUTIONAL!!!” 😦

  5. zmalfoy says:

    If I may quote myself, despite being a rather guache thing to do:

    “This is not about the next election. This is about every single election we have left in this country, whether it’s this next one, or the one after that, or the one after that. . . Not a single person reading this comment will ever have the luxury of not having a life-or-death election ever again. It has taken generations to reach this point– it will take even more generations to get to where we need to be. Ladies, we know that it takes at least twice as long to lose ten pounds as it does to gain. Likewise, getting America back in shape will take longer than it took to get this far gone.

    Whether our future holds bloodshed our not, and no matter who the victors in such a conflict might me, there is not a one of us who will live to see the day when America is where she ought to be (barring of course the End of Days up and happening, which naturally changes everything). Why did the Israelites have to wander 40 years in the desert before reaching the Promised Land? Because the generation of slaves had to die off first. Even though they’d been freed, their minds and culture had been warped by their upbringing, and therefore they had to pass on before Israel could be found. This is why even Moses could not enter the Promised Land—the best he got was seeing it from a distance.

    So, yes, we fight. Every hour of everyday. We fight because our children, or their children, will be the ones to live in America-As-She-Ought-to-Be. But we need to stop thinking that we’re going to fix this, or get this fixed, anytime soon. We won’t. (Again, unless God totally upsets everything, which we cannot depend on, much though we hope and pray for it). This is going to be the longest, hardest slog in American history. We’re trying to pull an entire nation out of a deep, bubbling tar pit with only one hand.

    It may be that this Administration finally gets the violence it’s been aiming for. It may be that America shatters into vicious, horrific civil war. It may be that America topples from the top of the world, and the Light of Liberty is, for a time, swallowed from sight. But you’ve pointed out– there’s nowhere to run. There’s no retreat left.

    So we will fight, singing psalms the whole way, and so will countless others, simply because there is no other option. I firmly believe that the vast majority of humans in this nation are good, decent people who just want to be left alone to live their lives. I believe that fact is what will rule the day in the end. Will it suck super bad for a long time? Most likely. Will it be difficult to see the light in the distance? Most assuredly.

    But an important thing to learn, and to teach our children, is that our enemy’s weapons are Fear and Despair. Fear is the Mind Killer, yes? Despair is the Soul Killer. Despair drives all the biggest mistakes we can make. If fear kills the mind, despair utterly annihilates it.

    Many of us here are warriors—but many of us are not. Those of us who have lived our lives as civilians need to realize that the distinction is a luxury we are running out of. Leaving the title of warrior to our professional warfighters was good while it lasted, but we cannot lean on them anymore. They have fought, valiantly and with such honor that the mere thought makes my eyes prick with tears, even as I cast them down, ashamed of my own lack of courage. But I cannot afford cowardice anymore, and we as Americans can no longer shove the fighting away, to be dealt with only by the rough men who stand guard. Stop thinking of yourself as a civilian, if you have been. If you see what’s happening, then you are now part of the Militia. Start thinking like it.

    taken from this.

    • zmalfoy says:

      Yes. Thank you for that. Adding it to the post above!

      • MRM says:

        from one of the comments:
        “Obama claimed that this is not a new tax.
        Roberts basically threw the ball out slo-mo, painted bright orange and said ‘swing away.’ He gave us a lethal argument, one that will cost House seats all over: Obama and those who voted for the bill have levied a new tax – even for folks who aren’t ‘1 percenters.’ “

  6. MRM says:

    Romney on Fox now

    • zmalfoy says:

      Gotta say, listening to Mitt is what’s depressing me. This should have been an easy homerun for him, and he freaking bunted toward first base . . . arg!

      Whatever, screw them all. We’ll win this for US, despite him, if we must . . .

      • MRM says:

        I dunno…. while I partially agree with you, I also think that he made some good points, had some tweetable sound bytes, didn’t say anything that could raise the ire of the haters on the left and then stopped. He didn’t take questions, he controlled the message. So, there’s another side of me that thinks he did just fine with his response. I’ve no stomach to watch zippy speak however… I’ll have to wait for the reports.

        • zmalfoy says:

          Maybe. I mean, what I wanted to hear was him to give a speech written by Sarah Palin, I suppose . . . dang . . . I gotta get out of that habit, eh?

          • MRM says:

            LOL!!! Oh, me too! In fact, I went to her FB page hoping for a statement! Yeah, I don’t think Mitt will ever be a Sarah figure, but hopefully, she’ll get out there on his behalf

      • Knight4GFC says:

        We need him to stiffen his spine and stand for the true americans in this country. Stand for what is right! Stand for Life. Fight against this darkness in America that will only lead to the death of this nation. Will it hurt? Of course it will! Stop standing on the fence! Make a choice! You’re either for whats right, or for whats wrong! COWBOY UP!
        When will we ever have someone who will stand for whats right instead of whats popular!

  7. Knight4GFC says:

    Major DISSAPOINTMENT!!! However, the battle we may have lost, but not the war. I tend to agree with ulsterman that this loss is going to give perhaps a weapon to the tea party and any conservative running for office.

  8. solaratov says:

    A comment at HA……which is something positive to consider…………………
    Folks on here really need to take a breath and think through today’s events with a …rational mind. Chief Roberts today gave an enormous smackdown to federal power through both the denial of the Commerce Clause argument and the Medicaid punishment argument. He LIMITED what the federal government can do in those areas. And you know who limits what the federal government can do regarding taxation? WE DO. VOTERS DO. THE AMERICAN PEOPLE DO. We would have had no recourse if it had been upheld under the Commerce Clause. That would have been an unspeakable disaster for freedom. By making it a tax, Roberts has put it in OUR hands —the people — as it should be. Don’t like the tax? Don’t like the bill? Vote for people who will repeal it. Get involved. Hold Congress’s feet to the fire. We are NOT powerless here. Obama and the democrats will pay for this deception and this taxation in huge losses at the ballot box. They know this!! This is NOT the outcome they wanted — the power has been taken away from THEM and put back into OUR hands. Let’s make sure we use it.

    Rational Thought on June 28, 2012 at 11:39 AM

    I guess that the only thing to do is to GET MITT ELECTED ………. AND HOLD HIS FEET TO THE FIRE TO DUMP THIS TRASH.
    As much as I hate to have to depend on someone who was (not even) my second choice — I guess that you’ve gotta play the hand you’re dealt. (Or fold’em and walk away – which isn’t a choice at all)
    If this *thing* isn’t repealed, I fear that it may provide the spark which ignites a second rev0lution; and, no matter who you are, that is not something anyone rational wants.

    👿

    • Knight4GFC says:

      Hmmm… interesting point! I like it. I will say again: No taxation without representation! Get these socialists out and get officials who will represent the good people of America and vote out these abominations.

    • MRM says:

      Thanks for posting that comment, Sol. I agree with both the commenter and with your addition. and while Mitt wasn’t any of my choices, I think he’s got it in him. And, importantly, at this point – I think he’s getting some good advice.

  9. solaratov says:

    Ahhhh. Ya just gotta love the new civility on the left…………..

    “@patrickgaspard: [Executive Director of the Democratic National Committee]

    ‘it’s constitutional. Bitches.’”

    • Knight4GFC says:

      Pay no attention to these people. Don’t even give them the time of day. Look past them and fight the source. These minions of socialism are just a distraction.

    • solaratov says:

      via HA………………..
      “My hubby’s take? He said the look of disbelief on Karl Rove’s face means he knows the tea party is going to rise powerfully in this election.

      silvernana on June 28, 2012 at 11:44 AM”

      Hmmmmmmm. 👿

    • zmalfoy says:

      Thank you for sharing that. Adding it above.

    • Knight4GFC says:

      Like! This is basically what we’ve been going on about here. Quote: “Those who are concerned about another controversial mandate, the HHS mandate which will force religious employers to provide insurance coverage to employees for services that violate their religious beliefs, have already vowed to fight on.

      According to Hannah Smith, senior counsel with The Becket Fund for Religious Liberty, the lawsuits will “all go forward” if any part of the health care overhaul is left standing.

      Smith’s group is leading the legal fight against the contraception mandate and is currently engaged in four separate federal lawsuits on behalf of four religious institutions. Earlier this year, dozens of other Catholic universities and groups filed their own set of coordinated lawsuits against the regulation. As of right now, there are 23 lawsuits pending in 14 states and the District of Columbia involving more than 50 plaintiffs.

      Her group’s clients say they will opt to disobey the Obama administration rule – in turn subjecting themselves to a $2,000-per-employee fine. She estimated this could cost those groups between $300,000 and $600,000 a year starting in 2013.”

  10. zmalfoy says:

    Reblogged this on and commented:

    Bringing this over from 4GFC . . .

  11. Ed Schultz still angry; thinks this ruling gives Romney an advantage.
    [Video not embedded properly – Sorry!]

  12. garnette says:

    After thinking about things, I realized that as much as I hate to say this that the 1% are behind the support of it. If they didn’t want it, it would not have gotten to this point. This really is set to hurt the middle class because they will be hit the hardest with the increases and taxes that will come. Isn’t there something where the company’s cost of the health insurance will become reported as taxable by your employer?

    Also, as mentioned about the religious organizations taking the hit in fines for their beliefs. What is to stop big companies to do the same thing? Health insurance as a company benefit came about as a way for companies to woo potential employees now it has become an expected benefit. What if they decide the cost isn’t worth it? Some companies have already devised ways to pay employees a certain dollar amount so that they can then decide on the health insurance that they want or if they want to use the money some other way. One of the biggest non reported figure is that there are a lot of young professionals that have decided that they don’t need health insurance because they are in good health. So, they decide they want to use the money on vacations or the newest gadget. This group is being reported in the number of uninsured Americans.

    Besides, what seems to have been forgotten is that Congress exempted themselves from being covered by this program. What happened to we would have the same options that they have? Oh, I know the answer to that one. It is once again a case of do what I command not what I do. Don’t worry I will really enjoy this Varsity hot dog that I say you can’t have because it is not good for you.

  13. MRM says:

    Just now catching up and wanted to share another encouraging comment from UM’s site:
    “Not only did Roberts limit the Commerce and Necessary and Proper Clauses, he got the idiot liberal justices to go along with it. The Commerce clause is used by congress to expand its power, Necessary and Proper is used to cram social policies down citizens and the states throat. By limiting those powers (arguably rolling them back), and with Liberal backing, he is hamstringing Congress in the future and inviting future cases.

    By writing that Congress could TAX for any reason they wanted, Roberts threw it back into the political arena where it belongs. The penalty for the mandate IS A TAX. Penalties, interest, fees, etc paid to government are taxes and are used not only for revenue but to change or modify behavior. The penalty is a tax to modify behavior. The remedy is political and the Liberal justices agreed to it. The Liberal Justices handed the the political cudgel to Romney. What dupes.

    The furor over the ObamaCare act resulted in the drubbing that Democrats took in 2010. It died down when people knew that it was going to be decided by the courts. Both sides assumed it would be upheld or stuck and it disappeared for a while from the political landscape. It has now come roaring back after the Court has flipped all of the political calculations on their head. Roberts plays the long game.”

    Amen.

  14. freedom1781 says:

    I have a family member who thinks that this ruling is no big deal. This person believes that any future presidents can just null and void it. This person also believes that none of this health care law has actually gone into effect and that since he has health insurance, he will not be affected at all by the law. According to this person, I do not know what I’m talking about, I know nothing of how laws are enacted and that the states don’t have to comply with this law. How in the hell can I explain this awful ruling to him using simple, elementary school language? I’m really frustrated.

    • I feel your pain, Freedom. The level of cluelessness on this is truly epic. I would suggest maybe directing him to Mark Levin? He’s had some good explanations, I think. But if I know the kind of guy you’re talking about, he will just refuse to listen to Levin, since he’s too conservative and not trustworthy.in his view.

      Hey, can we buy you a couple of beers somewhere near Williamsburg this weekend and listen to you and your hub complain about it? We’re good listeners after a couple beers. 😉 Sunday night maybe? Not too late, though. I gotta be at work at Langley in the morning and then get home quick to hose down the house before the fires get there.

      • freedom1781 says:

        Beer sounds good. I have a friend who works at Langley, though I don’t know what he does, hubby knows but he won’t tell me. 🙂 Oh and the “he” I was referring to is my hubby. 😦

        • Ruh-roh. I had a feeling by the way you explained it that the relative was a close relative. It will just take some patience, I guess. So, if your hub is ok with beers, and you’re free for an hour Sunday night, shoot me an email. We have 2 teen boys with us, so your kid would be welcome, too, if you like. Let me know if you know of a pub. The only one we know is down in Hampton, but we’re closer to Williamsburg and elsewhere nearby is fine, too. Let me know.

          • freedom1781 says:

            I know of some great restaurants in Newport News, Yorktown and Williamsburg. There’s one pub at the beach that we go to all the time, but it’s super packed on the weekends–mostly with bikers–so we avoid it. There is one restaurant with a great bar that we visit that shouldn’t be too packed depending on the time of day. 😉

    • Knight4GFC says:

      Well… now that this Obamanocare is being shoved down upon us as TAX, you can tell him that no one escapes TAXES. And if you don’t pay your tax, you get penalized. As for the “that since he has health insurance, he will not be affected at all by the law” don’t have hope on that too much. Once Obamanocare does go into effect, it will be hard for businesses to hold there own health insurance, being that Obamanocare will be fiercely competative with any other out there.

    • garnette says:

      Perhaps mentioning to him that gradually a tax will be phased in so that we are taxed for health care benefits that are considered “Cadillac”, which for a family is $27,500. I guess they didn’t realize that they were figuring what is high in today dollars and not considering where the cost could be in 2018.

      http://www.kiplinger.com/columns/ask/archive/a-tax-on-health-benefits.html

  15. freedom1781 says:

    This article makes me feel a little better, just a little bit. And Ken Cuccinelli will be running for VA Gov. next year! Can’t wait to vote for him!

    http://www.theblaze.com/stories/five-reasons-why-the-obamacare-decision-might-not-be-as-bad-as-you-think/

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