ObamaCare Mandate Upheld As a Tax

I would like to offer up a comprehensive legal analysis of today’s United States Supreme Court , but there are more scholarly places for you to look for that right now. Perhaps after I have digested the ruling more, I can offer up something more solid. For now, let me say I am not exactly stunned. As far back as March 2010, it was clear it was clear in South Carolina’s suit against ObamaCare Congress’ powers under the Commerce Clause were tenuous, but the ObamaCare had the language that would allow the mandate to survive as a tax. Barack Obama’s claim that the healthcare law was not a tax was playing politics. So I was not completely caught off guard.

Do take a moment to appreciate how South Carolina, a generally despised state among the fifty, was, is, and forever shall be, the first in battle against the expansion of federal power. I love being from the Palmetto State!

Also take more than a few moments to appreciate what has happened today. The SCOTUS has essentially handed Congress the power to compel citizens to do anything by way of its powers of taxation. I assume failure to comply is tax evasion and subject to the applicable penalties for tax evasion-including prison sentences. The ruling is not just a matter of healthcare reform. Congress has been given an expansive power over citizens. Today, congress can force you to buy health insurance. What will congress force you to do tomorrow?

By ruling the mandate is a tax, ObamaCare becomes the biggest tax hike in American history. Obama owns it lock, stock, and barrel. There will not be any escaping from it come November. ObamaCare is the only “victory” Obama has managed during his disastrous time in office. He may find it Pyrrhic. In spite of how bad this ruling looks right now, it is a gift to mitt Romney with a big, wet kiss as long as he does not blow it by taking the ruling as a sign ObamaCare is something the American people will grow to like. Public opinion is likely to revert back to the anti-ObamaCare mood that erupted prior to the 2010 election. Any Republican who does not dead set against ObamaCare at this point deserves t lose.

More later, if more comes to mind….

UPDATE: Here is the money quote from Chief Justice John Roberts' decision:

"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 stretched his interpretation of the mandate in order to allow it as a tax.