Skip to content
Catholic Online Logo

By Mark Henry and Keith A Fournier

6/29/2012 (4 years ago)

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

Artists rendering of the argument

Highlights

By Mark Henry and Keith A Fournier

Catholic Online (www.catholic.org)

6/29/2012 (4 years ago)

Published in U.S.

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,


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). 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 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.
----- 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. 

---


Pope Francis: end world hunger through 'Prayer and Action'


Copyright 2016 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for August 2016
Universal:
Sports: That sports may be an opportunity for friendly encounters between peoples and may contribute to peace in the world.
Evangelization: Living the Gospel: That Christians may live the Gospel, giving witness to faith, honesty, and love of neighbor.



Comments


More U.S.

St Augustine on a Personal Relationship with Jesus Watch

Image of St Augustine

By Deacon Keith Fournier

But we too can encounter Christ in reading Sacred Scripture, in prayer, in the liturgical life of the Church. We can touch Christ's Heart and feel him touching ours. Only in this personal relationship with Christ, only in this encounter with the Risen One do we ... continue reading


Five-year-old invents 'Kindness Day' Watch

Image of Five-year-old boy treats officers to a lunch from Subway.

By Kenya Sinclair (CALIFORNIA NETWORK)

Five-year-old William Evertz Jr. saved up his allowance for several months in hopes of purchasing a Power Wheels police car but realized his money would better benefit others. LOS ANGELES, CA (Catholic Online) - On Wednesday, the Winslow Police Department in ... continue reading


Two nuns found murdered in Mississippi home Watch

Image of Police have found two nuns slain in a Mississippi home.

By Marshall Connolly (CALIFORNIA NETWORK)

Two Catholic nuns have been found dead in their home after they didn't show up for their work. The pair worked as nurse practitioners out of state. Police are investigating the deaths of two Catholic nuns after they missed work. The pair were found together in a ... continue reading


1 city, 2 days, 52 OD's Watch

Image of Opioids in the United States have appeared in the form of elephant tranquilizers.

By Kenya Sinclair (CALIFORNIA NETWORK)

Heroin laced with carfentanil, the most potent commercial opioid known to be 10,000 times stronger than morphine, is being dealt on streets across the United States. LOS ANGELES, CA (Catholic Online) - According to CNN, carfentanil significantly slows breathing and is ... continue reading


The shocking NEW reason why young people are leaving church Watch

Image of The youth are leaving the church, but why?

By Marshall Connolly (CALIFORNIA NETWORK)

It's a surprising find, but it's also true. Americans are giving up on God. A Pew survey reveals that half of the people who have quit going to church no longer believe in God. LOS ANGELES, CA (California Network) - Nearly a quarter of the nation no longer attends ... continue reading


Massachusetts nun loses rosary to lesbian couple Watch

Image of Lesbian muggers rob nun of her rosary beads.

By Kenya Sinclair (CALIFORNIA NETWORK)

A Sister at the Daughters of Mary of Nazareth convent was mugged by a lesbian couple, who left with the nun's rosary. LOS ANGELES, CA (Catholic Online) - According to the <a ... continue reading


'Right Before I Die': Photographer reveals heartbreaking truth on taboo topic Watch

Image of One photographer captured people's dreams as they drew closer to death (Shutterstock).

By Kenya Sinclair (CALIFORNIA NETWORK)

Photographer Andrew George decided to interview and photograph people close to death for a project titled "Right Before I Die." LOS ANGELES, CA (Catholic Online) - George's project earned an exhibit at the Museum of Tolerance in Los Angeles and he explained the ... continue reading


Deacon Keith Fournier: Jesus Walks with Us on the Dusty Road of Life Watch

Image of

By Deacon Keith Fournier

We can learn a vital lesson from this account in the Gospel of Luke; one which can radically reorient our entire life. Jesus is always with us. He accompanies us on the Way of our daily life because He IS the Way. (John 14:6) But, we need our eyes to be opened. ... continue reading


Marian procession to commemorate birthday of Los Angeles Watch

Image of Los Angeles will hold a Marian procession and a votive Mass for the city's 235th anniversary.

By Marshall Connolly (CALIFORNIA NETWORK)

The city of Los Angeles will get a Marian procession to mark its 235th anniversary on August 27. The city is named after Our Lady. LOS ANGELES, CA (California Network) - The city of Los Angeles has a very long name. Officially, the city is known as, "The Town of Our ... continue reading


Government finally admits truth about Area 51 Watch

Image of A truck transports a mysterious, covered object to Area 51 under tight security.

By Marshall Connolly (CALIFORNIA NETWORK)

The Daily Mail has posted pictures of the mysterious fleet of planes that flies workers into Area 51. Area 51 is the secret Air Force facility that is rumored to house alien technology. The existence of the base was only recently acknowledged. LOS ANGELES, CA ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

Daily Readings

Reading 1, Sirach 3:17-18, 20, 28-29
17 My child, be gentle in carrying out your business, and you will be ... Read More

Psalm, Psalms 68:4-5, 6-7, 10-11
4 Sing to God, play music to his name, build a road for the Rider of the ... Read More

Gospel, Luke 14:1, 7-14
1 Now it happened that on a Sabbath day he had gone to share a meal in ... Read More

Reading 2, Hebrews 12:18-19, 22-24
18 What you have come to is nothing known to the senses: not a blazing ... Read More

Saint of the Day

Saint of the Day for August 28th, 2016 Image

St. Augustine of Hippo
August 28: St. Augustine of Hippo is the patron of brewers ... Read More