Some people, mostly constitutional lawyers, have already figured it out. In this Supreme Court ruling the court did not actually uphold Obamacare. What they did was rule on two specific challenges to Obamacare. If you think about it, everyone was focused on winning based on the individual mandate being unconstitutional because they felt there was little chance to win on either the Commerce Clause or the Necessary and Proper cause. This is why so many where shocked and disappointed when it appeared that the individual mandate was upheld. But the reality is that the court was not asked to review the constitutionality of the entire law, just two specific provisions of the law. The court could not opine on things not even challenged. The Supreme Court can only rule in response to questions raised in actual lawsuits. For example the Supreme Court couldn’t on its own just review this law and issue an opinion as to whether it was a good idea or even whether it was constitutional. It had to wait until a lawsuit reached the court and then rule on the issues in that lawsuit.
Putting that in perspective, the Supreme Court actually struck down the individual mandate in both the Commerce Clause and the Necessary and Proper Clause. They only upheld the tax provision of the individual mandate. The only thing they upheld was the authority of congress to pass a tax. They specifically ruled that congress cannot force anyone to buy anything. This will turn out to be a landmark Supreme Court decision reversing decades of abuse of the Commerce Clause by the federal government. It is a huge States Rights victory.
Second, the Supreme Court gave all those states who argued against having to implement expensive Medicaid expansions that are not funded. Instead of funding them, the federal government threatened to cut off existing funding, which is inadequate, to force the states to implement new programs, which are not funded at all. The bottom line is that the Supreme Court ruled that the federal government cannot force the states to adopt entitlement programs for which it has provided no funding. I expect bright constitutional attorneys to start challenging a lot of other federal laws based on this decision.
For decades, the Supreme Court has allowed the government more and more intrusion into our laws based on an absurd reading of the Commerce Clause. The Roberts decision reversed all of that. The new standard is that the Federal Government can only regulate interstate Commerce that already exists. Here is why that really matters, even with regard to health care. There is already legislation that restricts regulation of insurance to states. Insurance is not sold across state lines. This was done specifically to avoid an abusive federal government from dominating our lives by making federal regulations of insurance. This is the reason I cringe when Republicans propose allowing people to buy insurance across state lines. That, in my opinion, would do more damage than Obamacare because it would ultimately result in the federal government regulating all insurance.
When Republicans and conservatives take a breath and they start listening to people who actually understand constitutional law, they are going to realize that Justice Roberts gave us our constitution back. The following article from American Thinker confirms my own obviously shallow, and admittedly amatheur, interpretation of this ruling:
http://www.americanthinker.com/2012/06/the_chief_justice_done_good.html
Good Morning.
TDM