Microsoft Corporation Message Board
Supreme Court didn't approve
the Affordable Care Act, aka ObamaCare, as Constitutional? Is that freaky rwnj spin, or what? They make it up, then expect people to vote their way. Well, the people voted, for President Obama.This topic is deleted.
And now the Liar'N Chief doesn't want thousands of companies to abide by ObamaCare! He's given out thousands of exemptions. Of course the small people have to buy into his terrible policy, or they get fined. Called socialism, crony capitalism at work.
SCOTUS found the law constitutional as a tax but not under the commerce clause (too broad). But personally I think that view missed the point entirely. What if Congress said I am going to fine you every time you say something I don't like. Can SCOTUS say its not constitutional under the Bill of Rights (right to free speech) but if you say its a tax on the number of words you use or what you say, just because its formulated as a tax, is it constitutional? Tortured logic? Obviously, but not so obvious to the Chief Judge. I think we need fewer lawyers on the bench, they have become so obsessed with the fine points of linguistics that they are failing to see the meaning behind the words.
- 2 Replies to Kat
"not under the commerce clause" - irrelevant, constitutional laws are constitutional laws and any other prattle that Roberts spouts is obiter dictum.
Regulation of the commercial transactions of an abusive and malevolent insurance "industry" is necessary, and if the only means by which that can be accomplished is by implementation of the now disowned Heritage Foundation's "Romneycare", so be it. Since necessary, the means by which it's implemented is proper. Even if that's a penalty imposed under Congress' taxation powers.
For decades employer's group health insurance plans didn't, and still don't, allow you to pay a month or two then stop paying until you feel like it again. You do that and you lose your plan, at least for the year. That is the penalty. Not anything unconstitutional. There are penalties for thousands of things you have to do, but don't. There is absolutely nothing wrong with having the penalty in ObamaCare, they do it in MA under RomneyCare.
Just like with any insurance, if you get more people to play, the less you pay, no freeloaders. That was the driving force behind the reublican heritage foundation when they devised ObamaCare's founding principles..
Better, SCOTUS found the penalty incorrect under the commerce clause, but found if the penalty was called a tax under the IRS, it is acceptable. Big deal, penalty, tax, all the same end. That's their ruling, nowhere do they say ObamaCare is a tax or it is unconstitutional. No spin will change the ruling. You might not like their ruling, just as many don't like to see zimmerman free, but that is the law. That doesn't mean you can succeed to get someone to believe ObamaCare is a tax because it sounds better for you to phrase it that way.
Not having health care is the taxable event under ObamaCare, that's great in my book, because I am a conservative and don't like paying for freeloaders who scam the system. I want ObamaCare because of that conservative outlook, plus it is more fair, plus it is designed better to save money. Everything the conservative wants, ObamaCare has.