Short thoughts on the SCOTUS Obamacare decision

The following was penned by my oldest. Of my three sons, he is perhaps the most conservative of the bunch. With all the gnashing of teeth, and wringing of hands due to the Supreme Court deciding as they did on the ACA (and I admit I was gnashing and wringing with the best of them), Stephen is of the opinion, Chief Justice Roberts did exactly the correct thing, in getting it called a “tax”, and thus ruling on such.

I will not break down what is essentially his post, here. He has said much that I agree with, but the’re a few things I would take issue with. This will be done after I have read the opinions and (perhaps) the dissent. For now, read what a young, college educated, take is on this mess. I shall forward any comments to him (though I am sure he’ll willingly rebut in the comments as well).

Short thoughts on the SCOTUS Obamacare decision

Early today, SCOTUS ruled 5-4 that Obamacare was constitutional. Chief Justice Roberts was the swing vote, and in his affirmation wrote that it was in fact legal based on Congress’ duty to hand out taxes. As a conservative, I cannot necessarily argue with him. As someone who does not agree with almost everything the current President has done, I cannot find fault with their argument that the individual mandate was in fact a tax and not a penalty.

Roberts believes that the constitution should be read as a historical document. A list of laws meaning the same thing now as at the time it was written (and amended), not a twisting-turning living document, and it was this premise that led to him voting in favor of Obama and his law. He did exactly what President Bush nominated him to do; continue the practice of reading the letter of the law. On that, I applaud Roberts. The argument of a tax was how the Administration argued their case, and the tax is how they won the day.

It is now Congress’ power to tax Americans (those that actually pay taxes, that is) for anything that they see fit. No longer will Americans be able to choose their financial destiny. If you do not drive, why shouldn’t you have to pay a penalty for not having car insurance? If you do not own a home, why then wouldn’t you have to pay for home insurance? If you do not own a firearm, why then wouldn’t you purchase ammo? Whenever the Government needs more money to support a specific program, get ready to empty your pockets that much more for funding more for others that choose not to fund their own lives.

It used to be that American was a land of choices and personal responsibility. Those days, according to the Supreme Court have ended. That is simply one part of this decision.

The main part of today’s decision are the political ramifications that will come. Obama and Friends spent the entire debate of this health care law explaining how the individual mandate was in fact NOT a tax, but a penalty. It was to be the first time in American history that Americans will be penalized for not purchasing a product they do not choose to have. That was the first slap in the face to those citizens who have made a choice for themselves. Further, Obama himself ran his campaign on not raising taxes on the middle class. This gigantic taxation that will fund the HCA will now fall on the shoulders of who? That’s right, the middle class (and the others who actually pay taxes). Now, all Americans (who pay taxes) have been given a collective hypocritical slap in the face.

So who will have to pay for their health care? Who will be able to receive free government sanctioned health care? Will the poor have to pay individual mandate taxes? If the answer to the latter is “no”, then how is that fundamentally fair for those who pay in, but yet see no benefit? Does Joe Wilson’s “you lie” outburst become true when it is found that illegals will find their way to reap the benefits of this new law?

Even with the passage of the bill, which was done under a cloak of secrecy, even the debate of the law through the courts, the American people have been lied to and deceived. The devil is in the details and this law still provides more questions than answers. Obama and Friends will now have to tap dance around over the next 4 months prior to the election to explain why they have now slapped the majority of the country with an enormous tax burden.
It used to be that SIN taxes were a loop hole in which to tax unhealthy choices for the betterment of the general public, but only on a state level. One could argue whether or not these taxes are regressive, or even fair on a utilitarian approach, but these taxes are a state’s issue: now that power has been granted to the Congress. What will be next?

1 Comment

Filed under Constitution, Politics

One response to “Short thoughts on the SCOTUS Obamacare decision

  1. Stephen,

    In the first segment of yesterday’s Mark Levin show, Mark demonstrated how if this is treated as a tax, THEN ACA is unconstitutional. That is because this “tax” does not fit any of the descriptions in the constitution of a federal tax. And indeed, John Roberts made no effort to explain which of those taxes he thinks this fits. Mr. Levin says he can’t.

    If necessary, I will transcribe that portion of the podcast, but it can be heard at

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