“The Act before us here exceeds federal power both in mandating the purchase of health insurance and in denying nonconsenting States all Medicaid funding. These parts of the Act are central to its design and operation, and all the Act’s other provisions would not have been enacted without them. In our view it must follow that the entire statute is inoperative.”
That was the core of the dissenting opinion of Supreme Court Justices Scalia, Kennedy, Thomas, and Alito on the Patient Protection and Affordable Care Act, commonly known as Obamacare. Much to the disappointment of those opposed to the health care reform law, Chief Justice John Roberts did not agree with the dissenters but rather joined with the four other justices in upholding most of the Obamacare provisions in an odd bit of judicial reasoning.
Roberts agreed with the minority justices that mandating individuals to purchase health insurance is beyond the powers granted to Congress under the commerce clause. However, he ruled that this provision is within congressional power to levy taxes. Roberts ruled that contrary to what President Obama has stated, his health care reform is, in essence, a very strange way to raise taxes.
“The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness,” wrote Roberts.
Indeed. Even though the court has upheld that Congress has the constitutional authority to pass the law, voters in November will have a voice, of sorts, on whether they agree. In Arkansas, Republicans wasted no time in making it clear that they oppose Obamacare while the reaction from Democrats consisted of varying degrees of support.
Independent reporting for Pine Bluff & Jefferson County since 1879.
The Republican congressional delegation and 2012 candidates reaffirmed commitments to attempt to appeal the law if they are returned or sent to Washington.
“The Supreme Court’s ruling this week does nothing to change the fact that President Obama’s health care mandate is not working for Arkansas. For my part, I will continue pushing for a full legislative repeal of the President’s health care law,” said Rep. Rick Crawford of the 1st District.
Similar statements were made by Republican Congressmen Steve Womack and Tim Griffin, as well as GOP congressional candidate Tom Cotton.
On the state level, Republican legislative candidates held a press conference with Lt. Gov. Mark Darr on the same day the ruling came down to make it clear they will oppose the implementation of Obamacare in every way afforded them under the law.
By contrast, Democratic candidates have either come out in support of Obamacare or ducked for cover.
“With today’s ruling the Supreme Court of the United States has upheld the Affordable Care Act. Their ruling means American families will have stable and secure health insurance coverage,” said Crawford’s 1st District opponent, Democrat Scott Ellington. He called on the Republican incumbent “to reject his leader’s pointless and hyper-political vote to repeal the ACA.”
In the 4th District, Democratic candidate state Sen. Gene Jeffress has not put out a statement on the ruling – at least that I have seen – but an odd video of him speaking about his thoughts on Obamacare at a forum in Texarkana has been making the rounds.
In the video, Jeffress affirms his support for the policy, saying that “America can do better.” He does so by retelling a conversation he had with an immigrant from Germany who explained that they had a similar health care policy in her homeland for decades.
I never thought I would hear an Arkansas politician arguing that we should adopt policies similar to the socialized medicine found in Germany, but that appears to be Jeffress’ strange argument. He also tells the story of a racist argument made by an opponent of Obamacare at one of his other forums in Magnolia and quotes her using a racial slur to make his point.
The other Democratic congressional candidates, Herb Rule and Ken Aden, also support the president’s health care reform.
So the choice on the issue seems pretty clear. For those who support Obamacare, vote Democratic. For those who oppose it, vote Republican.
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Jason Tolbert is an accountant and conservative political blogger. His blog — The Tolbert Report — is linked at ArkansasNews.com. His e-mail is jason@TolbertReport.com