Thursday, June 28, 2012

ObamaCare both affirmed and reversed!

The law stands but not for the reasons of the president.

The judgment is affirmed in part and reversed in part.

...the individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause. They gave Congress the power to regulate commerce, not to compel it.

Roberts concludes that it doesn't matter that Obama and members of congress lied or that the law itself lies. It is a tax. His faulty reasoning is that...

...stating that individuals “shall” obtain insurance or pay a “penalty” does not require reading §5000A as punishing unlawful conduct.

So Roberts is saying that taxation is not punitive! That is absolutely ridiculous. Roberts is wrong. But the real message Roberts seems to be saying is 'grow up...'

It is not our job to protect the people from the consequences of their political choices.

So what about the dissent? (SCALIA, KENNEDY, THOMAS, and ALITO)

Whatever may be the conceptual limits upon the Commerce Clause and upon the power to tax and spend, they cannot be such as will enable the Federal Government to regulate all private conduct and to compel the States to function as administrators of federal programs. ...it is a blatant violation of the constitutional structure when the States have no choice.

Yeah team! This is a blatant violation of the constitution!

Congress wants unlimited power. It's time we limited them. Politically, this may turn out to be the best result of all. Will enough people grow up?

Update: It's not just law the left doesn't understand. More important is they don't understand economics or just consequences.

...providing an incentive for individuals to delay purchasing health insurance until they become sick, relying on the promise of guaranteed and affordable coverage.

The insurance industry has a name for this which my Swiss cheese brain doesn't recall. The fact is, these consequences are pretty well understood by everyone except children and the left (but I'm being redundant.)

Insurance is a pretty simple thing really. The insurer is taking a straight forward risk for profit. The insured is willing to pay the insurer that profit rather than keeping enough savings on hand to handle contingencies (otherwise known as self insuring.) This arrangement is based on economic realities. Politicians continue to act as if they can somehow impose a different reality. They can not.

But let them repeal the law of gravity. It makes about as much sense.

No comments: