Supreme Court Upholds Health Care Mandate Under Congressional Power to Tax

By Mark Henry and Keith A Fournier
6/29/2012
Catholic Online (www.catholic.org)

The US Supreme Court has just unleashed a new controversy which will frame the Presidential campaign of 2012.

The Supreme Court's surprising decision to uphold the Patient Protection and Affordable Care Act, not under the Commerce Clause, but as an exercise of Congress' power to tax, shocked the press, confused the Nation and sent the experts - and the lawyers - to read, re-read, analyze and parse the lengthy and complex opinion. This dense opinion was authored for a 5- 4majority by Chief Justice John Roberts. Justices Kennedy, Alito, Scalia and Thomas dissented. The decision sets the stage for what will be the most hotly contested presidential election in decades.

Artists rendering of the argument

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WASHINGTON, DC (Catholic Online) - On Thursday, June 28, 2012, while a pensive Nation watched, the Justices of the United States Supreme Court spoke on the constitutionality of the individual mandate of the Affordable care Act (aka Obama Care).

This dense opinion was authored for a 5- 4majority by Chief Justice John Roberts. Justices Kennedy, Alito, Scalia and Thomas dissented. The important decision has now set the set the stage for what will be the most hotly contested presidential election in decades.

The opinion upholding the individual mandate of the Patient Protection and Affordable Care Act ("Obamacare") is complex and lengthy. So complex, that the eager media got it wrong.at least initially. The Supreme Court did hold that the mandate requiring Americans to purchase health insurance was unconstitutional under the Constitution's Commerce Clause. That led to the widespread and inaccurate reporting that the mandate was struck down. It was not!

The individual mandate was upheld, just resting upon a different legal basis, Congress' power to tax. However, the language in this lengthy opinion on other constitutional law will serve as an important marker. It will serve to limit the Federal Government's ability to use the Commerce clause to regulate the behavior of the States and private citizens in future cases.

The effects and aftermath of this controversial law will not end with today's Supreme Court ruling. The majority opinion, while upholding the disputed penalty provision as a tax, made it clear the Justices did not "pass upon its wisdom". However, this law stands and the reaction has just begun.

The foundation upon which it stands may matter little as it relates to the public policy implications and the real effect on the lives of many people. Then again, there is a lot of the opinion left to read! The net effect of this opinion has yet to be assessed.

Ironically, the Obama Administration initially argued that the penalty for non-compliance with the Affordable Care Act's mandate to purchase insurance was not a tax. However, they changed their position as the argument unfolded on the day of argument in the Chambers of the Court.

Like thousands of lawyers around the Nation, we will digest this complex, dense and surprising opinion and return with further analysis. However, it is important to remember that this Case is not the end of the legal challenges to this massive legislative scheme.

The other constitutional issues which result from its implementation, such as the unconstitutional violation of the Free Exercise of Religion precipitated by the HHS Mandate, have given rise to numerous lawsuits on their way to the same Court.

In fact, those cases, which might have become moot had the Court struck down the Act, now become monumentally important.

In addition, the US Supreme Court has just unleashed a new controversy which will frame the Presidential campaign of 2012.
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Mark Henry is an attorney and founder of Legal Lifeguard, Inc.a provider of Catholic Pro-Life Medical Protection documents. Get your Free Lifeguard Emergency I.D. Card. Keith A. Fournier is an attorney who spent much of his legal career in constitutional law and engaged in public policy issues at the intersection of faith and culture. He serves as the Editor in Chief of Catholic Online.

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Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.

Keywords: Obamacare, Patient Protection and Affordable Care Act, Constitution, Article VI, United States Supreme Court, Religious Freedom, Mandate, Separation of Powers, Executive Order, Department of Health and Human Services, Health Care Rationing, Contraception,

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1 - 10 of 24 Comments

Rob
10 months ago
I agree Theresa. But it doesn't change the fact that our government is making it easier and easier for the owners of capital to enrich themselves and harder and harder for the workers to do so. We need to re-balance the focus on all the stakeholders of business versus merely the owners of it. I am not suggesting some sort of socialist approach of equal wages, but we've allowed ourselves to be lulled into this place where we are told "just be happy you have a job." Personally I believe that these stagnant wages of the working class over the last few decades is an affront to the dignity of the worker/human person.
Theresa H
10 months ago
While I don't know what the wages are of the ordinary people at Wal-Mart, I do wonder sometimes what some people with lower wages do with the pay they get. (They have a TV, a car, etc....) We live in a very materialistic society that doesn't know how to use the wage we receive prudently, we want (and buy) what we see others have, and then can't make other "ends meet...;" so turn to the government for what we can get for free (?). And out of the kindness of it's "stony" heart ("government" has no heart!), the government readily assists with what it receives from us in taxes.... I see this at work.... We have got ourselves into such a mess with all our reliance on the government--which keeps getting bigger and bigger and demanding more and more money from us and regulating our lives (and now the Church) more and more!
Rob
10 months ago
Felni, unfortunately we tried that economic plan and it's proven not to work. We lowered taxes to unprecedented levels and got rid of all sorts of reguation. We got massive deficits, debt and the economy still cratered. You can give all the breaks in the world to the owners of capital, but unless you ensure that actually trickles down, it won't. Folks at Wal-Mart are still making the same crappy wage regardless of how little taxes Wal-Mart pays and the company just keeps getting richer. Human greed will never allow those plans to work. Great in theory, but just doesn't work.
Theresa H
10 months ago
Thanks Mark and Deacon Keith for your initial analysis of the "Obamacare" decision by the Supreme Court. As you indicated, it remains to be seen what next....Like most, I wonder "whatever got into Justice John Roberts"--as if calling Obamacare a "tax" resolved the problem! In any case, we cannot, must not give up. The Bishops have been calling for "Prayer and Penance...." This should not stop after the "Fortnight...." In addition, while, no doubt, we do not have a perfect choice in the coming Presidential Election, we certainly do need to vote--and vote for the one who more closely aligns with Catholic Values related to: LIFE, LIBERTY, and the PURSUIT OF HAPPINESS--each of which, when correctly interpreted, aligns with the "Natural Law" = the Ten Commandments. Otherwise, we will, indeed see the demise of our country--a big "CHANGE" that almost no one had any idea ALL that THAT word meant when Obama was campaigning for the Presidency--Indeed, he even spoke of : "FUNDAMENTALLY CHANGING" our Country...! God help us and deliver us from THAT ever happening!
mgm.
10 months ago
I want bankrupt because of medical bills,you be astonish ! two-thirds of the 50 people in the court room filed for the same reason ( sick kid or spouse )my lawyer said that's normal week in and out.You can say all you want about how much the Church is involved in Americas medical system it means nothing if you do not have insurance .When I first want to Catholic Services guess what they directed me to the Godless State ! see if you can get Medicaid first if that fails go to the Social Security Office for Medicare and Hay! you look like you could be a vet have you tried the Veteran Administration ? if the evil Godless state fails you then the Church we'll help.
DLL
10 months ago
I can now imagine myself,in the future,to be 89 arrested,poor and broke,in the state penetentery,because the graduated penalty(tax) is so high as well as the insurance premiums,so I can't afford it,then prison care will be the only way that healthcare will then be truly affordable for me. Anyway you look at it the taxpayer(middle class) pays!
Wes Lisitza
10 months ago
I feel that the time has come for the Catholic Church to pull out of their schools, hospitals, adoption centers, and other institutions and stop providing healthcare. The government is simply manipulating our Church, just as the media and secular society have been doing these past few years. The Church needs to take an extended break from saving the world and spend some time saving itself right now; what with dissident religious laity and clergy running amok and causing scandals, I think it's time to consider a re-dedication to the faith and what makes the Catholic Church whole.

On a somewhat related topic: did anyone else read about the Virginia woman who's suing the Human Life International group because she was molested by Fr. Euteneur while she was undergoing an exorcism? Isn't HLI a big coordinator for the Fortnight for Freedom that we're doing presently? I hope Catholic.org covers this story...
barb
10 months ago
I have just plunged into a deep despair. What has taken over our country?
No Way
10 months ago
Rafael, consider yourself warned!!! You're a look, a lunatic at best. .
matt
10 months ago
thank you chief justice. your are a true hero. you have given millions of american's hope for a better future.

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