Valdosta Daily Times

National, International News

June 28, 2012

High court upholds Obama health law (includes ruling text)

Washington, D.C. — The Supreme Court on Thursday upheld virtually all of President Barack Obama’s historic health care overhaul, including the hotly debated core requirement that nearly every American have health insurance.

The 5-4 decision meant the huge overhaul, still taking effect, could proceed and pick up momentum over the next several years, affecting the way that countless Americans receive and pay for their personal medical care.

The ruling hands Obama a campaign-season victory in rejecting arguments that Congress went too far in approving the plan. However, Republicans quickly indicated they will try to use the decision to rally their supporters against what they call “Obamacare,” arguing that the ruling characterized the penalty against people who refuse to get insurance as a tax.

Breaking with the court’s other conservative justices, Chief Justice John Roberts announced the judgment that allows the law to go forward with its aim of covering more than 30 million uninsured Americans. Roberts explained at length the court’s view of the mandate as a valid exercise of Congress’ authority to “lay and collect taxes.” The administration estimates that roughly 4 million people will pay the penalty rather than buy insurance.

Even though Congress called it a penalty, not a tax, Roberts said, “The payment is collected solely by the IRS through the normal means of taxation.”

Roberts also made plain the court’s rejection of the administration’s claim that Congress had the power under the Constitution’s commerce clause to put the mandate in place. The power to regulate interstate commerce power, he said, “does not authorize the mandate. “

GOP presidential candidate Mitt Romney renewed his criticism of the overhaul, calling it “bad law” and promising to work to repeal it if elected in November.

Stocks of hospital companies rose sharply, and insurance companies fell immediately after the decision was announced that Americans must carry health insurance or pay a penalty.

The justices rejected two of the administration’s three arguments in support of the insurance requirement. But the court said the mandate can be construed 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,” Roberts said.

The court found problems with the law’s expansion of Medicaid, but even there said the expansion could proceed as long as the federal government does not threaten to withhold states’ entire Medicaid allotment if they don’t take part in the law’s extension.

The court’s four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, joined Roberts in the outcome.

Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas dissented.

Kennedy summarized the dissent in court. “In our view, the act before us is invalid in its entirety,” he said.

The dissenters said in a joint statement that the law “exceeds federal power both in mandating the purchase of health insurance and in denying non-consenting states all Medicaid funding.”

In all, the justices spelled out their views in six opinions totaling 187 pages. Roberts, Kennedy and Ginsburg spent 51 minutes summarizing their views in the packed courtroom.

The legislation passed Congress in early 2010 after a monumental struggle in which all Republicans voted against it. House Majority Leader Eric Cantor, R-Va., said Thursday the House will vote the week of July 9 on whether to repeal the law, though such efforts have virtually no chance in the Democratic-controlled Senate.

After the ruling, Republican campaign strategists said Romney will use it to continue campaigning against “Obamacare” and attacking the president’s signature health care program as a tax increase.

“Obama might have his law, but the GOP has a cause,” said veteran campaign adviser Terry Holt. “This promises to galvanize Republican support around a repeal of what could well be called the largest tax increase in American history.”

Democrats said Romney, who backed an individual health insurance mandate when he was Massachusetts governor, will have a hard time exploiting the ruling.

“Mitt Romney is the intellectual godfather of Obamacare,” said Democratic consultant Jim Manley.  “The bigger issue is the rising cost of health care, and this bill is designed to deal with it.”

More than eight in 10 Americans already have health insurance. But for most of the 50 million who are uninsured, the ruling offers the promise of guaranteed coverage at affordable prices. Lower-income and many middle-class families will be eligible for subsidies to help pay premiums starting in 2014.

There’s also an added safety net for all Americans, insured and uninsured. Starting in 2014, insurance companies will not be able to deny coverage for medical treatment, nor can they charge more to people with health problems. Those protections, now standard in most big employer plans, will be available to all, including people who get laid off, or leave a corporate job to launch their own small business.

Seniors also benefit from the law through better Medicare coverage for those with high prescription costs, and no copayments for preventive care. But hospitals, nursing homes, and many other service providers may struggle once the Medicare cuts used to finance the law really start to bite.

Illegal immigrants are not entitled to the new insurance coverage under the law, and will remain one of the biggest groups uninsured.

Obama’s law is by no means the last word on health care. Experts expect costs to keep rising, meaning that lawmakers will have to revisit the issue perhaps as early as next year, when federal budget woes will force them to confront painful options for Medicare and Medicaid, the giant federal programs that cover seniors, the disabled, and low-income people.

The health care overhaul focus will now quickly shift from Washington to state capitals. Only 14 states, plus Washington, D.C., have adopted plans to set up the new health insurance markets called for under the law. Called exchanges, the new markets are supposed to be up and running on Jan. 1, 2014. People buying coverage individually, as well as small businesses, will be able to shop for private coverage from a range of competing insurers.

Most Republican-led states, including large ones such as Texas and Florida, have been counting on the law to be overturned and have failed to do the considerable spade work needed to set up exchanges. There’s a real question about whether they can meet the deadline, and if they don’t, Washington will step in and run their exchanges for them.

In contrast to the states, health insurance companies, major employers, and big hospital systems are among the best prepared. Many of the changes called for in the law were already being demanded by employers trying to get better value for their private health insurance dollars.

“The main driver here is financial,” said Dr. Toby Cosgrove, CEO of the Cleveland Clinic, which has pioneered some of the changes. “The factors driving health care reform are not new, and they are not going to go away.”

The Medicaid expansion would cover an estimated 17 million people who earn too much to qualify for assistance but not enough to afford insurance. The federal and state governments share the cost, and Washington regularly imposes conditions on the states in exchange for money.

Roberts said Congress’ ability to impose those conditions has its limits. “In this case, the financial ‘inducement’ Congress has chosen is much more than ‘relatively mild encouragement’ — it is a gun to the head,” he said.

The law says the Health and Human Services Department can withhold a state’s entire Medicaid allotment if the state doesn’t comply with the health care law’s Medicaid provisions.

Even while ruling out that level of coercion, however, Roberts said nothing prevents the federal government from offering money to accomplish the expansion and withholding that money from states that don’t meet certain conditions.

“What Congress is not free to do is to penalize states that choose not to participate in that new program by taking away their existing Medicaid funding,” he said.

Ginsburg said the court should have upheld the entire law as written without forcing any changes in the Medicaid provision. She said Congress’ constitutional authority to regulate interstate commerce supports the individual mandate. She warned that the legal reasoning, even though the law was upheld, could cause trouble in future cases.

“So in the end, the Affordable Health Care Act survives largely unscathed. But the court’s commerce clause and spending clause jurisprudence has been set awry. My expectation is that the setbacks will be temporary blips, not permanent obstructions,” Ginsburg said in a statement she, too, read from the bench.

In the courtroom Thursday were retired Justice John Paul Stevens and the wives of Roberts, Alito, Breyer, Kennedy and Thomas.

 

.——

Associated Press writers Ricardo Alonso-Zaldivar, Charles Babington, Jessica Gresko, Jesse J. Holland and David Espo contributed to this report.

———

Online:

http://hosted.ap.org/interactives/2012/healthcare

Visit AP’s Google Plus page at 4 p.m. EDT for a Google Hangout video chat where AP reporters will be discussing the impact of today’s ruling and taking your questions: —http://apne.ws/LgPvzL

 

 

Text Only
National, International News
  • Mideast Iraq Violence_Rich copy.jpg Wave of attacks kills at least 95 in Iraq

    A wave of attacks killed at least 95 people in Shiite and Sunni areas of Iraq on Monday, officials said, pushing the death toll over the past week to more than 240 and extending one of the most sustained bouts of sectarian violence the country has seen in years.

    May 21, 2013 1 Photo

  • Boyfriend-Slaying_Rich copy.jpg Arias attorneys will put one witness on: Arias

    Complaining that Jodi Arias’ sensational murder case has become a modern-day “witch trial,” her lawyers tried to quit in the middle of the death-penalty phase Monday, then said they will call only one witness: Arias.

    May 21, 2013 1 Photo

  • APTOPIX Severe Weathe_Rich(4) copy.jpg Oklahoma twister tracked path of 1999 tornado

    Monday’s powerful tornado in suburban Oklahoma City loosely followed the path of a killer twister that slammed the region in May 1999.

    May 21, 2013 1 Photo

  • transcript1 copy.jpg Dozens killed as tornado ravages Oklahoma City area

    A powerful late-afternoon tornado leveled much of this Oklahoma community Monday, killing at least 51 people. Reporters on helicopters flying above the scene described the scene as “devastating.”

    May 21, 2013 1 Photo

  • Today in History for Tuesday, May 21, 2013

    Today is Tuesday, May 21, the 141st day of 2013. There are 224 days left in the year.

    May 21, 2013

  • Congress Barrow_Rich copy.jpg Several Republicans weigh challenge to Barrow

    Now that Rep. John Barrow has turned down a campaign for the U.S. Senate, the challenge ahead for the Deep South’s last white Democratic congressman will be to defy the odds a second time by winning re-election in an eastern Georgia district that was drawn to ensure his defeat.

    May 21, 2013 1 Photo

  • Space Station Star Tr_Rich copy.jpg ‘Trek’ does $70.6M but falls short of studio hopes

    “Star Trek: Into Darkness” has warped its way to a $70.6 million domestic launch from Friday to Sunday, though it’s not setting any light-speed records with a debut that’s lower than the studio’s expectations.

    May 20, 2013 1 Photo

  • Mideast Syria_Rich copy.jpg Syrian troops push into strategic rebel-held town

    Syrian troops pushed into a rebel-held town near the Lebanese border on Sunday, fighting house-to-house and bombing from the air as President Bashar Assad tried to strengthen his grip on a strategic strip of land running from the capital to the Mediterranean coast.

    May 20, 2013 1 Photo

  • 2013 Billboard Music _Rich copy.jpg Taylor Swift wins 8 trophies at Billboard Awards

    Another day, another domination for Taylor Swift: She was the red hot winner at the Billboard Music Awards.

    May 20, 2013 1 Photo

  • Severe Weather_Rich copy.jpg Tornadoes level homes in Okla., 21 injured

    One of several tornadoes that touched down Sunday in Oklahoma turned homes in a trailer park near Oklahoma City into splinters and rubble and sent frightened residents along a 100-mile corridor scurrying for shelter.

    May 20, 2013 1 Photo

Top News
Community Calendar
Loading…
Events by eviesays.com
Poll

What’s your best advice for graduates?

Go to college or trade school immediately.
Work for a while then seek further education.
Enter the work force.
Intern, ensure an interest is something you can do.
     View Results