Posts Tagged ‘Justice Kennedy’
OK, I was wrong. Chief Justice Roberts swung to the left and Kennedy did not. Amazing. I’ll have to scrutinize Roberts’s voting record more closely before passing him off as ideologically pure. Here’s the full ruling if you have a lot of free time. He actually upheld the mandate under the federal government’s Tax Power and not the Commerce Clause, while Ginsberg would have upheld it under both. Interesting, certainly a blow to conservatives.
Being uninsured myself, I have mixed opinions about the 2014 individual mandate, but what is known from models like Mass. is that it will reduce overall health care spending and create more competitive private insurance plans.
For a while this morning, Cable News was reporting that the mandate was struck down before they got “conflicting information.”
This is what happens when they don’t let in cameras.
What the Medicaid part of the ruling means according to SCOTUSblog:
The Court’s decision on the constitutionality of the Medicaid expansion is divided and complicated. The bottom line is that: (1) Congress acted constitutionally in offering states funds to expand coverage to millions of new individuals; (2) So states can agree to expand coverage in exchange for those new funds; (3) If the state accepts the expansion funds, it must obey by the new rules and expand coverage; (4) but a state can refuse to participate in the expansion without losing all of its Medicaid funds; instead the state will have the option of continue the its current, unexpanded plan as is.
Senator Harry Reid @SenatorReid
Now that this matter is settled, I hope we can work together to create jobs and secure this country’s economic future
Categories: Economics, Politics or: the art of looking for trouble Tags: ACA, health care bill, individual mandate, Justice Kennedy, Justice Roberts, medicaid, obamacare, SCOTUS, supreme court
[6/28 Edit: Those 19 constitutional scholars were wrong about the Court. Reax on my blog “Holy Shit Mandate” here.]
Sarah Kliff of Ezra Klein’s Wonkblog does some of the tightest health care news blogging I’ve ever seen.
Kliff on the SCOTUS individual mandate decision:
Bloomberg surveyed 21 top constitutional scholars and found that, while 19 think the individual mandate of the Affordable Care Act ought to be upheld on the basis of legal precedent, just eight think the Supreme Court will actually do so.
Sigh. Yup, pretty much. Kennedy is supposed to be the swing Judge, the new Sandra Day O’Connor, but he really does bend conservative. It’ll probably turn out to be a 5-4 ruling against the mandate. There’s hope though, according to Kliff.
The other thing they are ruling on, but people are talking about less, is the proposed Medicaid expansions. States are arguing that it puts excessive burden on them and suing. Suck it, Red states. Eat your own Christian values, and help your poor people have basic human dignity.
I think, hopefully, a lot of the bill should remain intact. Otherwise everyone with a college kid under 26 is going to be pissed.
Categories: Politics or: the art of looking for trouble Tags: health care bill, individual mandate, Justice Kennedy, medicaid, obamacare, Sarah Kliff, SCOTUS, supreme court