What Just Happened At The Supreme Court?
I haven’t read the opinion. I’m going off of what has been reported. Apparently, the individual mandate has been ruled constitutional as a tax, but not as a power of the federal government under the Commerce Clause.
There’s a lot of confusion right now as to what this means. It’s definitely a loss for those of us who wanted the individual mandate, and all of ObamaCare, gone. BUT, these are things a Republican led Congress and a Republican President can get rid of.
Had the Court ruled that the individual mandate is a proper use of federal power under the Commerce Clause, all hope would have been lost. Taxing is one thing. But the ability to issue regulations and mandates outside of the taxing power would have literally put no limits on the power of the federal government.
I’ll simplify it:
What’s that Mr. Congressperson / Mr. President? You want to tax me if I don’t do X or Y? Good luck getting re-elected.
The EPA said I have to do what? Or… The USDA says I have to eat what? Or… Congress doesn’t like X industry and has banned it under their unlimited power in the Commerce Clause.
Make sense? A tax has a limited impact and politically it can be challenged. A mandate, under the power of the Commerce Clause, can crush people before anything can be done politically.
It’s a matter of degrees, basically. A tax is easier to “fix” than something being constitutional under the Commerce Clause. I hope this becomes clearer as people digest the ruling and more analysis is done.
Anyway, rage on. It’s time to make Democrats a permanent minority in government. NOW.