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The Supreme Court is right on Obamacare

by Jason Sedgwick Tuesday, Jul. 03, 2012 at 5:03 AM

It may come as a surprise to some, considering my political affiliation as a Tea Party Republican, but as a strong constitutional literalist, I must absolutely agree with and support the Supreme Court decision. It was put under a strong microscope and in my own personal alalysis, disected brilliantly.

It may come as a surprise to some, considering my political affiliation as a Tea Party Republican, but as a strong constitutional literalist, I must absolutely agree with and support the Supreme Court decision. It was put under a strong microscope and in my own personal alalysis, disected brilliantly.

The court test was directed at the government's ability to institute the individual mandate under the "commerce clause" of the Constitution, as was the Obama administration's stated intention. The Court found this to be absolutely unconstitutional, as most conservatives and others have maintained all along.

This is an important point, and will prevent the future use of the clause to force Americans to purchase something they don't want to participate in, and this is as it should be. The mandate is, was and always will be, very simply, a tax, and well within the constitutional authority of the United States Congress.

The area that may make some uncomfortable is that the Obama administration has maintained, from day one, that it is not a tax. That's how it was sold to the American people. As it stands, it's the largest single tax increase on the middle class in history.

It's almost certain that this will become the hinge-pin of the Presidential election; as Dick Morris, political advisor to President Bill Clinton so succinctly expressed it:

The decision makes Obamacare a tax increase that falls primarily on young people and poor people who cant afford it. With the Medicaid provisions struck down, government will not be there to help middle and low-income families who have to pay a huge percentage of their income for insurance or pay a large fine.

The ruling also affects the administration's ability to enact Obamacare nationwide, because the states now have the ability and authority to refuse to implement it, with no federal penalties. This is huge; currently several states, including Wisconsin are in the process of doing exactly that.

When all is said and done, if a large number of states leave Obamacare in the dust, it will become nonviable, and at some time in the near future, healthcare will very likely need to be rationed to hold down costs. In the end, the ruling is a victory for the American people, regardless of their political ideology or affiliation. It upholds the commerce clause and strengthens state's rights, as well as illustrating that the law was ill-conceived and even more poorly constructed.

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