Posted by Todd Callahan
ObamaCare is Alive
On the final day of the 2012 session, the Supreme Court delivered its historic decision a little after 10 a.m. (EDT) and by a 5-4 decision the court upheld the controversial Patient Protection and Affordable Care Act.
Chief Justice John Roberts made the announcement, saying the law could not stand under the Commerce Clause, but it is consitutional under the tax provision. Justices Ruth Ginsburg, Stephen Breyer, Elena Kagan and Sonia Sotomayor joined Roberts in upholding the law. Justices Anthony Kennedy, Antonin Scalia, Clarence Thomas and Samuel Alito voted that the law was unconstitutional.
Justice Roberts wrote the federal government can not demand individuals to purchase health insurance; however, the federal government does hoave the power to exercise a tax on individuals who do not purchase health insurance. This allows the indivudal mandate to purchase health insurance constitutional.
The monumental decision was a victory for the Obama administration; however, the debate is away from being over. This fall the health care law will be put in the spotlight, as Republican candidates will preach repeal and replace of the law.
The debate has already begun. Minutes after the ruling, Senate minority leader Mitch McConnell (Ky-R) announced in no uncertain terms his party's strategy, saying Republicans will "Repeal this terrible law."
"President Obama promised up and down this bill is not a tax," McConnell said. "The Supreme Court has just announced, this law is a tax."
This also could galvanize the Republican party and give presidental candidate Mitt Romney a boost heading into the November election.
Stay tuned. It's not over yet. As a reminder, the July/August issue of HealthCare Consumerism Solutions, formerly known as CDHC Solutions, will feature a special section where thought leaders such as Grace-Marie Turner, John Goodman, Ron Bachman and many others offer their opinions on the historic decision and what it means for the future of health care consumerism.