The individual health insurance mandate is constitutional, the U.S. Supreme Court ruled Thursday in a 5-4 decision, upholding the central provision of President Barack Obama's signature Affordable Care Act.
The controlling opinion, written by Chief Justice John Roberts, upheld the mandate as a tax. It found that the U.S. government may use its tax powers to push Americans to buy medical insurance, although it limits the Medicaid provision, the New York Times reports. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined Roberts in the majority.
Roberts wrote that the mandate provision "need not be read to do more than impose a tax. That is sufficient to sustain it."
As legal experts and pundits parse the ruling, and almost instant Republican threat of repeal (viewed unlikely given the Democratic senate majority and Obama veto power) here is a handy tool from Washington Post that allows you to check and see how this ruling affects you.
California will be impacted more than any other state simply because it's the most populous, but also because it has the highest number of uninsured residents, according to the California Endowment. The private, nonpartisan statewide health foundation was established to improve public health and increase health care access for Californians. The Endowment has invested in "a multimillion-dollar statewide education effort" to help people get enrolled.
Not only are Calfornians "less likely to be insured, receive employer-based coverage, or be able to afford coverage," an Endowment ACA background paper stated, "Californians are also at greater risk of being denied for pre-existing conditions than the rest of the nation."
For the Supreme Court decision on the constitutionality of what's been dubbed Obamacare, the formally titled Patient Protection and Affordable Care Act, these are the key points that were under consideration:
The Individual Mandate
Should Americans be required to buy health insurance? Viewed by many to be the linchpin of the entire act, it requires most Americans to enroll in a health insurance plan or be financially penalized. Polls say that most Americans oppose this part. Its opponents have argued that Americans should haven't to buy something they don't want and might not need. The Obama administration says that all Americans will likely need medical care at over the course of their lives and that the uninsured who are now getting free health care increase costs for the rest who pay.
Shared Cost of Medicaid
Should states have to carry a greater share of the cost of Medicaid or face losing federal money? Some states argued that the federal government is overreaching by imposing these kind of conditions being placed on federal funding. The federal government has said that it is within its rights to oversee how this money is spent.
The Timing of the Challenge
Is is too early for the Affordable Care Act to be in front of the court, given that the individual mandate isn't even set to go into effect for another year and a half? Under the Anti-Injunction Act, citizens are barred from challenging the legality of a tax until they've actually paid it. But there's been disagreement on whether that rule applies and whether a penalty under the act is actually a tax.
Health Reform, Minus the Mandate
If the court struck down the individuate mandate, can the rest of the law be constitutional? Both sides have said that the mandate is essential for the act to operate. But some saw room for separate rulings on guaranteed converage for all those who apply for insurance—even those with pre-existing conditions—and whether insurance plans would have to offer coverage at similar prices to all of their customers, regardless of risk factors.
More on Thursday's decision:
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Share in our conversation about this historic decision. What are your thoughts?
My question about pro-choice or pro-life was to Jeff. I asked based on one of his previous posts when he was still posting as Cline. Anyway, I thought Jeff was YOUR cheerleader not the other way around. The reason I don't usually post grafts from politically driven sites is because they're nearly always skewed. If I post hard data it's usually from an almanac or something that gives more of a historical perspective. I also try to post things based on personal experience and combine it with some factual data.
Private clinics competing for business from a regulated fair compensation schedule would actually work. That would cause the top holders to loose their margins of profit in a business where the outcome is life and death.
How many years until we all melt? I guess everyone needs something to cling to.
If you're referring to a poll about people disagreeing with SCOTUS on the ACA decision. If most of the people in our country want it overturned then it stands to reason (there's the magic word) most would disagree. Complex or no.
I wish those who hate "commie" programs like Social Security, Medicare, Medicaid, etc., would show some backbone and refuse to enter these socialist programs and be the stand-alone individuals they profess to be. All I ever hear is "I have to take Social Security and Medicare. I don't want to. I got mine, but I will make sure that nobody younger than me gets it. That's my contribution." What a sacrifice. We would be glad to if we didn't have to contribute to them through our taxes. Think, then post is the usual method. Nice try though
The sad thing is Gayle that I've actually met Jeff in real life. I know details about him that would make Roy drool. But I refuse to feed into this feud, I simply watch as a quiet observer. It's funnier to me to watch 2 "grown" men bicker like school girls pulling each others hair. It's all a joke & best not to get sucked into it & simply watch from the side lines. While I tried to defend their free speech Jeff attacked me, but Roy was at least man enough to admit how childish the bickering was.
Long ago I gave up hoping for a rational conversation on what is an important, country-wide issue. I was beginning to allow anger at the childish bickering among the RoyHolgremsJamesClineJeff Kleiner's on this blog to get to me. Until you pointed out the obvious answer: Sit back, relax and as a quiet observer watch the bickering children "...derail another comment thread...". A question Dave: Gayle Montgomery has spent an inordinate amount of time defending Jeff Kleiner as the allegations against him are "...immaterial to this discussion". Do you believe she would say the same if (before his conviction) Jerry Sandusky was supporting her position?
But to align me with Sandusky is pathetic. I spent most of 20 years volunteering, fund raising for, and supporting children's shelters including Maryvale, McKinley, David and Margaret, Leroy Haynes, and Orangewood. We're talking things like mentoring a 9-year old born addicted to crack, finding a job and getting her into college for an 18-year old who timed out of the system, putting on Christmas for over 600 kids in SoCal, taking the teenagers to volunteer at Special Olympics and become involved with the athletes, taking them to work on the floats, and creating a literary fest. So don't try to tie me to Sandusky because my position on ACA is different than yours. For the greater part of this discussion, Jeff Kleiner was being bullied by Roy Holmgren, and there was an hypocrisy that said Kleiner could not address mental retardation but Holmgren did. At this point, I'm done with their pissing contest, but I will not let you tie me to Sandusky, and to associate him with me is immaterial. Stick to the topic at hand, the ACA. I don't want to hear these ancillary battles.
United States is at number 38 for life expectancy. If I remember correctly, it is because we do a great job saving people from death from rare things, but a terrible job saving them from death from common things.
The remaining choice you get to make is: Do you want the cost of that to be in the form of state taxes and astronomical hospital fees for people to receive their primary care in the E.R.? Or do you want to pay for people to receive primary care from a doctor, and reduce the congestion at the E.R.? We already have free health care. It's a nightmare and it's destroying our hospitals, and we're all paying for it through the nose.
http://banning-beaumont.patch.com/blog_posts/beaumont-observations
Insurance providers have to spend at least 80-85% of a patients premium on medical care, other than marketing, sales and pure profit. If they don't cross this threshold, then the patient expects to be paid a refund. Sales have been designated a non-medical cost and so accounting will catch out tricky health companies. I like this. It makes the private companies act more like non-profit companies.
Gayle M you seem to be a real life part of your community as I am. We both have friends and family in our local areas. We both participate locally in social and clubs and socialize in our respective towns in real life. Gayle I even have a close friend in Belmont Shores that knows my kids intimately and I have visited your area . Then you have the Jeff Kleiners of the world that live outside both our counties and do not socialize at all in both areas. Yet they interject themselves into area politics as if they are a part of it. Is that strange? Jeff likes to use divorce accusations made 4 years ago and twist accusations into fact. The court took normal temporary precautions that are done in all cases where serious accusations were made . However in my case I fought back and gathered evidence. I have never been arrested or been in cuffs. Kleiner likes to lie about that based on his interpretation of records. I had my kids interviewed by the court and in mediation my ex threw up the white flag because of all the perjury with the end result being my win. My kids were found not to need therapy. As a matter of fact my kids are the judge of me. If anyone asked them how they viewed me they would say I was a great Dad. I told Kleiner if he had guts he would accuse me in public the same way he does here. I told him my daughter who is in high school has read his statements on here and has words for him. Kleiner twists this into a threat. How pathetic.