Supreme Court Ruling in Plain English

June 28th, 2012 by NC Tea Party Staff Categories: Archives One Response

“The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance.

However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn’t comply with the new requirements, rather than all of their funding.”

— Lawrence Shaheen, Mecklenburg

  1. Richard Costello says:

    The Senate intiated ACA.
    The House then reconciled and passed ACA.
    SCOTUS said ACA was legal since Congress has the power to Tax.

    Here is the gotcha, only the House of Representatives can initiate a tax bill, under the Constituition.

    Therefore, the ACA bill intiated by the Senate is unConstitutional, since it was deemed a Tax.

    Let’s see how a lawsuit working it’s way through th court system will do.