- Posted June 28, 2012 by
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Are you living without health insurance?
Sad Day - Supreme Court Upholds ACA
This is a sad day for the American people. The Supreme Court has upheld the Affordable Care Act.
Why do I say it is a sad day?
Costs for heathcare and insurance have already risen. More increases are coming down the pipeline as the full effect of the ACA comes to pass in 2014.
Contrary to the postion of President Barack Obama that the American people would not spend more or be taxed by the ACA, the Court ruled that is indeed what has happened. This means another promise broken and a falsehood by the President that the individual mandate was not a tax.
The individual mandate was ruled a tax and therefore, constitutional. This means that millions in the middle class are now subject to a major tax increase.
Medicare premiums are already scheduled to rise in 2013 and 2014. Payments to providers have already been cut and will continue to be cut. This means more out-of-pocket costs for Medicare recipients. Providers must begin in 2014 to pay into a new Medicare fraud fund. Those costs will be passed on to Medicare recipients.
While parts of the law are beneficial, such as for pre-existing conditions coverage, the reality is instead of lowering costs. Cost for coverage will only increase.
The Court ruling today on the ACA produced these 4 main points:
* The Court rules 5-4 to uphold the individual mandate
* The Court says the requirement to have insurance is a tax, and is constitutional.
* The Court says on Medicaid that the federal government may not take Medicaid from states that refuse to take part. (That is a limited ruling, without striking it down. In the ruling the court offered the government a way to remedy this potential problem.)
* The Court vindicates, affirms Presidential and congressional power in an important issue like health care, but not under the Commerce Clause, but the Taxing Clause.
Also telling was this from Chief Justice Roberts:
"The Federal Government does not have the power to order people to buy health insurance. Section 5000A would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional, because it can reasonably be read as a tax," Roberts said in his opinion.
Important was what the Chief Justice said in the majority opinion:
The court “does not express any opinion on the wisdom of the Affordable Healthcare Act." That judgment is up to the people in November.
It was not wise to pass this monstrosity, but under the Taxing Clause, the ACA is constitutional.
One good point in the ACA ruling was that the Court found that individual mandate that all Americans must purchase healthcare insurance would be unconstitutional under the Commerce Clause, thereby limiting the scope and authority of the federal government to require Americans to purchase product.
From the Cornfield, if you, like me, do not want to see your taxes increase dramatically, it is time to send a message in November that this law is not wise.
The way to do that is to vote out the current Administration for one which will repeal the individual mandate tax and work to reform healthcare in a wise manner and not scattershot as this bill is.