Harvard professor Laurence Tribe, who taught both President Obama and Chief Justice John Roberts at Harvard, wrote on SCOTUS Blog: “Today, Chief Justice John Roberts delivered a heroic rebuke to the growing number of Americans who feared the Supreme Court had lost the ability to rise above the narrowminded partisanship that dominates the country’s political discourse.
“More than a year ago, writing in the Boston Globe, I made a simple point … that ‘this law doesn’t literally force anybody to do anything; it just increases the tax liability of those who refuse to buy insurance.’ Fortunately, the Chief Justice ended up articulating essentially the same common sense view despite protestations and pressure from his conservative colleagues on the Court that he approach the case more artificially.”
Dana Milbank with the headline of the day: “The umpire strikes back.” His lead: “John Roberts was the first justice to appear from behind the curtains when the buzzer sounded in the Supreme Court chamber at 10 a.m. sharp. He forced a tight grin and scanned the audience, which, on this historic day, included several members of Congress and retired Justice John Paul Stevens. The only hint of what was afoot came from Justice Antonin Scalia, who, taking his place at the chief justice’s right, bowed his head as if in mourning… In the audience, Sen. Orrin Hatch (R-Utah), an opponent of the law, folded his arms across his chest, his mouth slightly agape. Sen. John Barrasso (R-Wyo.) put his chin in his hand. Rep. Tom Price (R-Ga.), a leader of House conservatives, shook his head. Scalia was reclining in his chair, staring blankly. Justice Clarence Thomas was practically horizontal.”
And: “Whatever one thinks of the health-care ruling, Roberts’s opinion was extraordinarily brave.”
National Review didn’t think it was brave, but a “folly” instead: “If the law has been rendered less constitutionally obnoxious, the Court has rendered itself more so. Chief Justice Roberts cannot justly take pride in this legacy… Opponents should take heart: The law remains unpopular. Let the president and his partisans ring their bells today, and let us work to make sure that they are wringing their hands come November.”
Charles Krauthammer calls this decision by Roberts his “Nixon-to-China” moment. “Why did he do it? Because he carries two identities. Jurisprudentially, he is a constitutional conservative. Institutionally, he is chief justice and sees himself as uniquely entrusted with the custodianship of the court’s legitimacy, reputation and stature. … As a conservative, he is as appalled as his conservative colleagues by the administration’s central argument that Obamacare’s individual mandate is a proper exercise of its authority to regulate commerce. … But he lives in uneasy coexistence with Roberts, custodian of the court, acutely aware that the judiciary’s arrogation of power has eroded the esteem in which it was once held.”
In fairness, as one of us will write later this morning, the taxing power argument didn’t come out of nowhere. Solicitor General Donald Verrilli argued strongly for it. For example: “If there is any doubt about that under the Commerce Clause, then I urge this Court to uphold the minimum coverage provision as an exercise of the taxing power.”
Verrilli fended off eight justices, including the liberals, who came after him for the president and members of Congress denying that it was a tax. He argued that not all members of Congress denied it was valid under the Congress’ taxing authority, including Sen. Max Baucus (D-MT), who was entrusted as one of the key shepherds of the bill. And Verrilli acknowledged the legislative politics, but pointed out the reality: They might have thought, Your Honor, that calling it a penalty as they did would make it more effective in accomplishing its objectives. But it is in the Internal Revenue Code, it is collected by the IRS on April 15th.”
Republicans want move toward repealing the law. House Majority Leader Eric Cantor (R-VA) on MSNBC’s Morning Joe this morning unabashedly called for the Senate, assuming a narrow GOP takeover of the Upper Chamber, to use “reconciliation” to kill the law.
But David Frum calls GOP hopes of repealing the law a “fantasy” and the ruling a “Waterloo.” “First, today's Supreme Court decision will make it a lot harder to elect Mitt Romney. President Obama has just been handed a fearsome election weapon. 2012 is no longer exclusively a referendum on the president's economic management. 2012 is now also a referendum on Mitt Romney's healthcare plans.”
He also notes that Republicans will be the ones faced with political backlash. “[I]t will be their town halls filled with outraged senior citizens whose benefits are threatened; their incumbencies that will be threatened.” And that since many Republicans want to keep elements of the bill, that one-page repeal bill “will begin to grow.” He adds that there’s “no internal consensus on what a replacement would look like. Worse, any replacement of the law's popular elements will require financing. But where is that money to come from?” And he contends the bill will become not just more popular, but more difficult to undo as states begin to implement it in 2014.
In other words: “If replacement does not happen in the first 100 days, it won't happen at all—that is, it won't happen as a single measure, but rather will take the form of dozens of small incremental changes adopted episodically over the next 20 years. The outlook then: Even if Republicans win big in 2012, they will have to fight inch by bloody inch for changes they could have had for the asking in 2010. Truly, this is Waterloo—a Waterloo brought about by a dangerous combination of ideological frenzy, poor risk calculation, and a self-annihilating indifference to the real work of government.”
On the other side of the aisle…
Huffington Post’s Stein and Grim: “Democrats won [yesterday’s] battle, but the war over health care remains unsettled… Having endured years of sustained attack for constructing a bill that was based, fundamentally, on conservative principles, Democrats on Thursday were conceiving of ways to make the Affordable Care Act more popular rather than structurally different.” And: “[A] bill that has been sold to the public before would need to be presented once again during the presidential campaign.”
Josh Marshall at left-leaning Talking Points Memo: “In politics like in everything else, wins tend to generate more wins. They excite the winners and demoralize the losers, especially when the losers were certain they were about to win big. Getting the wind knocked out of you and desperately choking for breath for a minute on the field isn’t a plus. So a loss for the opponents of ‘Obamacare’ strikes me as what it is: a loss for the opponents of ‘Obamacare.’ On all levels.”
Matt Yglesias on what’s at stake in November: “[I]t turns out that the provisions a Romney administration would need to repeal to gut the law are wildly popular. According to a Reuters poll earlier this week, 78 percent of self-identified Republicans favor ‘banning insurance companies from denying coverage for pre-existing conditions’ and 86 percent of them support ‘banning insurance companies from canceling policies because a person becomes ill.’
“In other words, once the basic framework of the law is in place, it’ll be all but impossible to kill. That’s probably why no country that’s instituted a universal health insurance program has ever rolled it back—even strong conservatives like Margaret Thatcher in the United Kingdom or the current right-wing government in Canada leave existing programs in place. The problem for Democrats is that if Romney takes office in 2013, none of this stuff will have actually happened yet. Repealing the law in its abstract form is a bit politically risky for Republicans but not nearly as risky as it will become in the future.”


"Just because a couple people on the Supreme Court declare something to be ‘constitutional’ does not make it so." - Sen. Rand Paul
Question: Will the same people who villified and excoriated the President because they claimed he challeneged the authority of the Supreme Court before the decision on ACA now villify and excoriate Sen. Paul now that he has challenged the authority of the Supreme Court after the decision?
Da Noid
I find it interesting that someone like Rand Paul is claiming to know more about the Constitution than the three branches of government. He may not like the law but to go further and say that Supreme Court's decision is not necessarily constitutional is just plain ignorant.
I fully disagree with the Citizens United ruling but I have to live with the fact that the Supreme Court was chosen by the people who were elected to appoint them (except the 2000 election, of course). The only thing I can do (and every one else) is to cast my vote for the person who shares my views and beliefs so that the next SC justice(s) appointed would never vote for something like the Citizens United.
Obama/Biden 2012
Roberts provided LEADERSHIP - it's even more remarkable give that Senator Obama voted against Roberts' confirmation.
Da Noid....
this should solidify what kind of conservative constitutionalists he is.
A CLUELESS CONSERVATIVE CONSTITUTIONALISTS!!
Clearly one of the stupidest comments that I ever heard. Surpassing w's "fool me once" comment. and dan's "patatoe" .
Chris@SLC - I don't believe Rand Paul can claim to be much of an expert on anything. Every time he opens his mouth he just makes himself look more and more foolish!
In November, when President Obama is re-elected, hopefully he will be able to nominate at least two more chief justices... I say hopefully because the supreme court has become way too political and bent to the right, far far right...
just because the Supreme Court of the US says it is constitutional-- it is! That is why we were all waiting for the results.
The headline in the Portland Press Herald this morning was: "Heart of the Healthcare Law Still Beating."
I thought that was beautiful, because the Affordable Care Act does nothing less than make sure healthcare is accessible to ALL Americans. And, yes, you have to pay for it. (Which used to be a 'fiscally conservative' principle.")
Everybody gets medical treatment at some point in their lives, unless their mother gives birth in a bus station, they never check out that ugly mole on their back, and end up dying in a hobo camp in the woods, never to be found.)
Everyone needs to be covered by health insurance, it will bring down the price of premiums and relieve the burden on hospitals.
This decision is brilliant! CJ Roberts walked a fine line between preserving(thank God) Federalism and upholding an unpopular aspect in an act of Congress. Roberts essentially severed "necessary" from "proper" thus decoupling "necessary and proper" from the Commerce Clause. My Liberal friends may want to temper your euphoria by noting now that the Supreme Court has ruled the individual mandate is a tax, a simple majority(51) in the Senate can overturn it. Buckle up, an already bumpy ride into November just got more interesting.
Slightly off topic - but after the Supreme Court Announcement yesterday when the GNOPer where speechless - and waiting for their talking points 1 or 2 posters noted the Stock Market was down over 125 points....well it ended up down only 25 points....and today is up over 200pts......wonder where they are now?....
While all reasonable and compassionate Americans should be cheering the SCOTUS decision on the healthcare legislation, there are several things we need to be wary of:
(1) Overconfidence. A couple of wins doesn't mean the election is won. We still need to get out the vote.
(2) The healthcare law doesn't really take effect until 2014. That's both a problem and a benefit politically, since many voters will not feel the effects before the election. Fortunately, they won't being going through the initial confusion of choice and change. Unfortunately, many independents won't really experience any of the good effects.
(3) The SCOTUS decision gave Republicans a talking point that could be huge, if Democrats don't address it: taxes. SCOTUS basically said that the new healthcare law involves a new tax. Never mind that it is not a tax that will be felt by anything close to a majority. Here's a question, though: Has the American electorate come to recognize that taxation is a nuanced and complicated issue that is not always a bad thing? Have we gotten to the point where Republicans can't simply yell "tax increase" and, like someone yelling fire in a crowded theater, have everyone frightened and running? If the voters are not there yet--that is, not to that nuanced view of taxation--the Democrats need to start educating us all. Every talk show should have Administration officials and Democrats coming on talking about the need for responsible taxation (e.g., taxing the 1% but not the middle class; taxing those who refuse to be responsible but not the rest of us).
You've got that right jinsd, the tea people Koch republicans in the senate are "simpletons". But if you think they are going to try to take healthcare away from people when it's working you're also a simpleton. I know it's hard to find something to hold on to after you've been totally smacked down, but if the simple majority is what you want to cling to (besides your religion and guns) for the next five years be my guest.
Wow MO - Where do you infer I actually support repeal? Show me where I wrote that?
There was once a Taoist farmer. One day the Taoist farmer's only horse broke out of the corral and ran away. The farmer's neighbors, all hearing of the horse running away, came to the Taoist farmer's house to view the corral. As they stood there, the neighbors all said, "Oh what bad luck!" The Taoist farmer replied, "Maybe."
About a week later, the horse returned bringing with it a whole herd of wild horses, which the Taoist farmer and his son quickly corralled. The neighbors, hearing of the corralling of the horses, came to see for themselves. As they stood there looking at the corral filled with horses, the neighbors said, "Oh what good luck!" The Taoist farmer replied, "Maybe."
At that same time in China, there was a war going on between two rival warlords. The warlord of the Taoist farmer's village was involved in this war. In need of more soldiers, he sent one of his captains to the village to conscript young men to fight in the war. When the captain came to take the Taoist farmer's son he found a young man with a broken leg who was delirious with fever. Knowing there was no way the son could fight, the captain left him there. A few days later, the son's fever broke. The neighbors, hearing of the son's not being taken to fight in the war and of his return to good health, all came to see him. As they stood there, each one said, "Oh what good luck!" The Taoist farmer replied, "Maybe."
Now if you'd like to engage in some crititcal thinking and actually read the opinion you would see that it's not all rosey. Yes, take a much deserved victory lap, but the "fight" is not over on either side of the aisle.
Ah yes it is jinsd, the only thing left is to improve the current ACA. Go ahead and cling to your what ever if it makes you feel better.
So reading a Supreme Court opinion is clinging? Being excited that Federalism was affirmed is clinging? Wow...just wow. So I guess you're opposed to critical thinking and would just rather repeat Daily Kos/Think Progress Koch brothers conspiracy theories because it's easier? You may want to take off your useless political blinders every once in a while and attempt to engage in civil discourse :)
jinsd, very poor rendition of that story. You left out enough of the story that the point of the story was totally obscured and the story makes no sense.
12.8 million Americans will receive refund checks from some insurance companies in July. That's a lot of Americans who will be talking at water coolers, family gatherings, and children's events about Obamacare saving them money.
If Republicans want to tell more lies to Americans, be my guest.
When people have the refunds, those who lied saying it would raise their costs will become public enemy #1.
Honestly, at this point I don't think the law is that egregous and hopefully the cost savings will materialize. I'm lucky to have insurance from my employer;However, they pay $11,000 yearly for my health insurance. I wish I could forgo their coverage and get that $11,000 in my salary and shop on the forthcoming exchanges for a better rate/coverage.
The point of my above posts is BOTH sides have to realize this law becomes that much easier to repeal and whatever side of the aisle you reside on, you had better get involved with 5 months to go until election day.
The ruling defends, upholds and cements Federalism regarding "neccessary and proper" and the commerce clause.
Tammy Frisbee of the Hoover Institute told Engage America that the decision to uphold the ACA will cost taxpayers "hundreds of billions of dollars through the ACA's creation of a huge entitlement program of insurance subsidies, a massive expansion of Medicaid, and other new taxes on income, savings, and investment" http://eng.am/Ljob3J
The Republican Death Party wants to deprive 30 million Americans their access to life saving health insurance. They were also for big tobacco and defended their donor tobacco corporations from Congressional investigation.
100,000 innocent Iraqis and 4,450 American military were killed by their war in Iraq. The Death Party wants your vote so that they may continue killing.