The Supreme Court never fails to “take the third option.” Don’t be
fooled by the simple-minded “Obama won/Republican lost” rhetoric. What
Chief Justice John Roberts has done is categorized ObamaCare’s funding
mechanism as it should’ve been all along — a tax. The administration
argued strenuously before the court that the individual mandate was a
tax — something well within their power to do; but they had just as
strenuously — and disingenuously — argued in Congress that this was not
the case. Of course, being a tax means a few things:
1) Taxes can be altered by regular legislation (I’d heard Paul RyanPaul RyanRyan has 'no idea' who will win election Sunday shows preview: Both sides gear up for debate FULL SPEECH: Obama celebrates African American museum opening MORE might want to move to Ways and Means — makes sense now). And, don’t kid yourselves, this is just round one. Whatever happened yesterday, we have a long row to hoe on healthcare’s ultimate disposition. ObamaCare’s unaffordable (and the part of the ruling denying the feds the right to punish non-participating states by taking away their Medicaid funding just hastens the “day of unaffordability”).
Many had the feeling that someone on the conservative wing would “defect.” I had not thought it would be Roberts, but the more I look at the decision, he may “have his cake and eat it too.” He will get the usual liberal MSM plaudits for being “a man of vision” ad nauseam (and this is TRULY nauseating … where oh where will all the follow-up pieces go to the articles by liberals who said a 5-4 decision would be “illegitimate” — that’s EXACTLY what we have, but somehow, some way they’ll find not illegitimacy, but wisdom and virtue … The disingenuousness makes me throw up), but he will ultimately have created a good deal of mischief by making the individual mandate a tax.