Thursday, June 28, 2012

It's Constitutional!

What a relief! 5 - 4 the Supreme Court of the United States has upheld the Affordable Care Act (aka Obamacare) to be Constitutional. My Facebook is exploding with anti-Obama comments, some pulling out the so-called 'death panels' and other crap that was proven to be false before the law ever passed. I am starting to rethink some of these people on my friends list.

The individual mandate, which was the crux of the constitutionality question, was declared legal but NOT using the Commerce clause. According to Justice Kennedy (paraphrasing here) Congress has the right to levy taxes and it is under that right that the mandate can be upheld. If a person chooses to purchase health insurance they are given a tax break, but a person choosing to not purchase health insurance will be taxed to pay for their care.

I have been a nervous wreck about this one, especially after the Citizen's United ruling was upheld earlier this week. I am thrilled and overwhelmed that the Supreme Court has upheld this law. It does not affect me personally at this time, thanks to DSD's Navy retirement we are covered under Tricare, but I have been that person. I have had to decide between decent food and prescriptions for my child because we could not afford healthcare with a 3 year old with asthma - IF we could have found someone to cover us.

Today is a wonderful day for our country and for so many people who are able to find coverage with a pre-existing condition or to cover a child with a pre-existing condition.

Tonight I shall raise a glass to those 5 who were smart enough to know that this is the best thing for our country and the people in it.


duffandnonsense said...

Be careful what you wish for! The Dems are now in the position of having to defend what SCOTUS has defined as a tax rise - and a pretty hefty one at that. Not the best base to start from when facing an electorate already suffering various woes!
David Duff

LeftLeaningLady said...

If the right can ignore the fact that Romneycare was the model for the Affordable Care Act, the left can just remind everyone that it was judicial activism that made it a tax. The President wanted it to be a penalty or a fine.