Chief Justice Roberts in joining with the liberal wing of the court to uphold "Obamacare" shocked the world of American politics. The conservatives were stunned and the liberals pleasantly surprised.
The central player in this drama of course is chief justice Roberts. His decision to form a majority to uphold Obamacare was based strictly on pragmatic considerations. The truth of the matter is that Obamacare (AHC) is constitutional, and the individual mandate definitely passes the commerce smell test.
The argument is simple. There is a law that prohibits hospital emergency rooms from turning away uninsured patients. Jojane, the uninsured can access any hospital across state lines in America to get medical care. The ability to obtain medical care any where in the country by force of law makes Jojane an active nation-wide interstate commerce participator.
Getting free service puts a burden on the system and forces every user to absorb the extra cost of providing health care services. The individual mandate of the Obamacare is therefore, a suitable remedy to regulate health care in order to preserve the integrity of the system for all users.
The regulation of commerce by precedent, falls within the authority of congress and the president. The Obamacare was correctly based on the commerce clause given the obvious interrelationships. To dismiss commerce as being unconstitutional and to submit taxes as the legitimate foundation for the Obamacare legislation is a bogus slight of hand justice. Taxation is based on economic exchanges within a commercial business frame work. So what's the point in negating the validity of the commerce clause by the conservative judges? Bad politics, that's what!
The majority decision wounded Obamacare by restraining the act from punishing non-compliant states. Witholding medicare funds would have been a detterent to the rebellious states. Labeling it a tax only gave ammunition to Republican detractors who are only interested in serving special interests and destroying the legacy of President Obama.
Republicans are ungrateful meniacs. Justice Roberts did them a great favor. He could have upheld Obamacare intact with no legal reservation. He tried to balance the act by walking a tight robe. Unlike King Solomon, Chief justice Roberts divided the child to please the real mother and the Republican impostures. Only in America, God save us.
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