Countdown to the 5-4 decision announcement

[DGuller]

Yeah, that was unexpected.  I expected Roberts to make 6-3 if Kennedy decided to be a liberal that day, but I didn't expect Roberts to be the deciding vote.  That was shocking.  Maybe Roberts got annoyed with Kennedy deciding all the cases, and is now trying to go left of Kennedy to become the new tie breaker.

[CountDeMoney]

Is it just me or does this seem the silliest option of rulings? The Federal government can't make you buy health insurance but they can tax you if you don't

You can not pay, but the Gubmint won't go after you criminally, like they would with income tax evasion.  In short, if you don't pay, you owe the government.  Worse thing that happens, your credit rating gets gigged.  Maybe.

[merithyn]

Yes! Victory for America!

Yes, victory for America. We're one step closer to leaving barbarism behind and joining the enlightened European model when it comes to healthcare.

[merithyn]

You can not pay, but the Gubmint won't go after you criminally, like they would with income tax evasion.  In short, if you don't pay, you owe the government.  Worse thing that happens, your credit rating gets gigged.  Maybe.

I thought there was discussion of holding tax returns, as well.

[jimmy olsen]

Hmm... I wonder how this will effect future cases.

The Court holds that the mandate violates the Commerce Clause, but that doesn't matter b/c there are five votes for the mandate to be constitutional under the taxing power.

Probably little impact. In the past 15-20 years, there have been less than a half dozen cases which turned on the Commerce Clause. I haven't read the opinion yet because it's not available, but I imagine the reasoning is based on the fact that the mandate requires individuals to participate in interstate commerce. I can't imagine too many other laws where that wouldnbe that case. That distinction aside, the Commerce Clause has been so broadly interpreted that it is fairly easy for legislation to withstand Commerce Clause challenges.

Edit:

The opinion is at: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

SCOTUS blog disagrees

Lyle:
The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress's authority to pass social welfare laws. Using the tax code -- especially in the current political environment -- to promote social welfare is going to be a very chancy proposition.

[Valmy]

Yes! Victory for America!

Eh it may not survive long enough to become too popular to get rid of.  If the Republicans sweep to victory this year they will repeal it.

[katmai]

Can someone explain Derspicy post to me?

Never mind. I originally saw that the decision was 6-3, and it turned out to be 5-4 after all, with Roberts essentially casting the tiebreaking vote to uphold the law.  The scenario I was talking about did not happen.

Ah gotcha.

[CountDeMoney]

You can not pay, but the Gubmint won't go after you criminally, like they would with income tax evasion.  In short, if you don't pay, you owe the government.  Worse thing that happens, your credit rating gets gigged.  Maybe.

I thought there was discussion of holding tax returns, as well.

Yeah, but not everybody gets tax returns.

[katmai]

Tim we all can agree you are a fucking idiot, that isn't the opinion of the blog but one of the bloggers, which by the way others disagree with.

[Fireblade]

Freepers greatest hits:

"On the contrary, this has awakened a sleeping giant. Now, anyone who does not get out and vote against Obama is officially an enemy of the United States."

"I won't. I WILL NOT SUCCUMB TO THEIR SLAVERY ANYMORE! If they darken my door they won't leave. My line has been drawn in the sand."

"When some is called a Benedict Arnold he is deemed a traitor. Will being called a John Roberts go to mean the same?"

"It is time for revolution/violent opposition, then gallows."

"Traitor John Roberts needs to have a Garand old time."

I hear Cuba is nice this time of year

[garbon]

Hey we decided,
Healthcare's crazy,
But you can tax it.
So it stays maybe?

Odd.

[Faeelin]

.... Are not welfare, medicaid, medicare all financed through the taxing and spending clauses?

[jimmy olsen]

Tim we all can agree you are a fucking idiot, that isn't the opinion of the blog but one of the bloggers, which by the way others disagree with.

The dissent of the other blogger was not yet written when I posted that.

[11B4V]

Upheld and Hans frothing at the mouth......

[Sheilbh]

On Twitter I'm seeing lots of conservatives calling Roberts the new Souter.  And there's this from a Breitbart editor:
benshapiro ‏@benshapiro
This is the greatest destruction of individual liberty since Dred Scott. This is the end of America as we know it. No exaggeration.
benshapiro ‏@benshapiro
Chief Justice Roberts was the worst part of the Bush legacy.

That 'no exaggeration' is wonderful