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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsUSA TODAY: USSC upholds ACA, 5-4, with Roberts rather than Kennedy joining Ginsburg et al
USA Today just posted an article that fleshes out details of the ACA decision summarized by legal bloggers at http://www.scotusblog.com/cover-it-live/
Chief Justice Roberts joined Ginsburg, Breyer, Kagan, and Sotomayor in upholding the insurance mandate 5-4 as a tax. Justice Ginsburgs concurring opinion would go further and also uphold the mandate under the Commerce Clause.
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From http://content.usatoday.com/communities/theoval/post/2012/06/Supreme-Court-rules-on-Obama-health-care-plan-718037/1
Supreme Court upholds Obama health care law
By David Jackson, USA TODAY Jun 28, 2012
The Supreme Court upheld President Obama's health care law today in a splintered, complex opinion that gives Obama a major election-year victory. Basically. the justices said that the individual mandate -- the requirement that most Americans buy health insurance or pay a fine -- is constitutional as a tax.
Chief Justice John Roberts -- a conservative appointed by President George W. Bush -- provided the key vote to preserve the landmark health care law, which figures to be a major issue in Obama's re-election bid against Republican opponent Mitt Romney. The government had argued that Congress had the authority to pass the individual mandate as part of its power to regulate interstate commerce; the court disagreed with that analysis, but preserved the mandate because the fine amounts to a tax that is within Congress' constitutional taxing powers.
The announcement will have a major impact on the nation's health care system, the actions of both federal and state governments, and the course of the November presidential and congressional elections.
UnrepentantLiberal
(11,700 posts)even for Roberts.
ProgressiveEconomist
(5,818 posts)He must feel a sense of responsibility for mitigating the current historic low in public confidence in the USSC.