Thursday, June 28, 2012

Supreme Court Rules Obamacare Constitutional

In a decision that stunned many Supreme Court watchers the Supreme Court  in a 5-4 decision upheld the constitutionality of the Affordable Care Act.  This was a huge win for President Obama and the American people. Had this law been struck down we as Americans would have understood that the total takeover of our Government by Corporations had been completed.

Chief Justice John Roberts showed that on some issues even he can't be bought.  
The unpopular requirement that everyone buy health insurance or pay a penalty — likened by detractors to a rule that everyone purchase broccoli — was unconstitutional as a mandate, Roberts said, but valid as long as it was simply considered a tax.
"We do not consider whether the act embodies sound policies," wrote Roberts, a conservative appointed to the court by President George W. Bush in 2005. "That judgment is entrusted to the nation's elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions."
Justice Roberts was joined in his decision by Justices Sotomayor,  Stephen Breyer, Elena Kagan and Ruth bader Ginsburg.
Ginsburg writing on the subject of providing affordable insurance to those with preexisting conditions, Ginsburg noted that Massachusetts “cracked [the] adverse selection problem.” and highlighted briefs explaining “the success of Massachusetts’ reforms.”

Under the Massachusetts health system, most residents were required to buy insurance so that insurance companies wouldn’t be left only with sick customers – and thus skyrocketing premiums.
“As a result, federal lawmakers observed, Massachusetts succeeded where other States had failed,” Ginsburg wrote.
It was pure poetic justice that Ginsburg used the very law she new Mitt Romney had disavowed to uphold the law based on his program in Massachusetts.   Now Mitt Romney is running on "Repeal and Replace" Obamacare but replace it with what?  This law is far from perfect but its the first step to universal care which is the only real answer for this country's health care needs. 

Congratulations to President Obama and the American people.  It's just the first step but the momentum is now on the side of the poor and middle class on this issue.

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