General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe SCOTUS opinion may be "a major blow to Congress's authority to pass social welfare laws."
This was what I'd been reading before this opinion came out. If the Commerce Clause was ruled not to uphold the ACA -- which is what happened, since the ACA was approved as a tax, but not under the Commerce Clause -- then that would put into question any law that sought to use the Commerce Clause to enact social welfare laws.
http://www.scotusblog.com/cover-it-live/
Lyle: rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress's authority to pass social welfare laws. Using the tax code -- especially in the current political environment -- to promote social welfare is going to be a very chancy proposition.
SNIP
Tom: I dissent from Lyle's view that the Commerce Clause ruling is a major blow to social welfare legislation. I think that piece of the decision will be read pretty narrowly.
rurallib
(62,492 posts)pnwmom
(109,028 posts)been approved under the Commerce clause.
From www.scotusblog.com
Amy Howe: By the way, the opinions collectively are a monster. The Chief's opinion is 59 pages, Justice Ginsburg's opinion is 61 pages, the four dissenters are 65 pages, followed by a short two-pager from Justice Thomas. You do the math.
unblock
(52,513 posts)"My wife told me to stop this. Now what the hell am I supposed to do. Christ I can't go home. She'll probably lose all that easy money, cause I couldn't deliver.
Maybe I should have said something? Goddamit, this must be discrimination or something."
unblock
(52,513 posts)the precedent now is that congress can pass and the president can sign social welfare laws without ever uttering the word "tax".
just because the supreme court said it's a tax doesn't mean congress has to SAY it's a tax. they just have to put in the same kind of language that WORKED in aca.
kirby
(4,442 posts)He wanted to be on the side that got to write the majority opinion and set the precedent. They did rule the the mandate was unconstitutional under the commerce clause, but constitutional as a tax. Kinda odd since the administration was arguing this was not a tax.
I am very weary as to what the long term impact of this will be, especially with Roberts twisting the opinion his way. I would like to see detailed analysis to really know how limited or broad this ruling is to other things.