The Supreme Court on Thursday upheld the nationwide
availability of tax subsidies that are crucial to the implementation of
President Barack Obama's signature healthcare law, handing a major victory to
the president in a 6-3 ruling. The 6
are: Ginsberg, Kennedy, Roberts, Sotomayor, Kagen and Breyer voting to uphold
Obamacare. The 3 are: Scalia, Thomas and Alito voting to dissent.
The 2012 Supreme Court Opinions ruling 5 to 4 that
Obamacare is a tax is at:
Justice
Scalia's dissenting opinion. Here are some of the highlights:
Worst of all for the
repute of today’s decision, the Court’s reasoning is largely self-defeating. The Court
predicts that making tax credits
unavailable in States that do not set up their own Exchanges would cause
disastrous economic consequences there. If that is so, however, wouldn’t one
expect States to react by setting up their own Exchanges? And wouldn’t
that outcome satisfy two of the Act’s goals rather than just one: enabling the
Act’s reforms to work and promoting state involvement in the Act’s
implementation? The Court protests that the very existence of a federal
fallback shows that Congress expected that some States might fail to set up
their own Exchanges. So it does. It does not show, however, that Congress
expected the number of recalcitrant States to be particularly large.
Faced with
overwhelming confirmation that “Exchange established by the State” means what
it looks like it means, the Court comes up with argument after feeble argument
to support its contrary interpretation. None of its tries comes close to
establishing the implausible conclusion that Congress used “by the State” to
mean “by the State or not by the State.”
Comments
So, Roberts interprets State to mean
government, any government including the federal government, when it is clear
that it meant a State, like Oregon or Maryland.
Obamacare Coverage is a bad deal. You pay for
coverage you will never use, so you overpay. Individual deductibles are $3000
per person per year. Premiums for a
family of 5 costs $750 per month or $9000 per year. Premiums are going up.
Families would do better by putting $9000 per year in a medical IRA. If a
family member needs expensive $200,000 treatment, fly to India and get it done
for $50.000. Don’t go to a hospital, use home health care.
Norb Leahy, Dunwoody GA Tea Party Leader
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