The Supreme Court ruled that the individual mandate is constitutional. Sort of. In a surprise move, Chief Justice John Roberts, writing for the majority, noted that the mandate is constitutional because it is a tax.
What was up-ended, and smashed to the ground, is the notion that requiring people to pay for not engaging in commerce, is constitutional. It is unconstitutional, but the mandate may stand as it is in reality, according to the Chief Justice, a tax.
Let’s repeat that ugly word again: tax. As in, what Obama swore up and down was not in the Obamacare law.
Another aspect of the decision: States can also now apparently opt-out of many features of Obamacare. We’ll see how many states actually do so; it likely hinges on how serious the shortfall in federal Medicaid support becomes.
Finally, if the individual mandate is actually a tax, I suggest it is prima facie unconstitutional to apply that tax to some and exempt others. That is, giving certain groups like favored labor unions exemption, but not other individuals and organization.
But, that’s just me reading the Fourteenth Amendment’s Equal Protection Clause.
This is good news for Obama and his sycophants. It is also very bad news for Obama. We in the loyal opposition are going to party like it’s 2010. In case we’ve forgotten, it was Obamacare and its over-reach that helped turn the House Republican. It now returns to the front burner, and our prospects to take the Senate just got better.
Then, it’s repeal and replace Obamacare. After we replace Obama, an obstacle to American governance, this November.