Benicia Herald - Officials React To Supreme Court Ruling On ‘Obamacare'
June 29, 2012
By Donna Beth Weilenman
After much-anticipated decision, state, federal officials weigh in on meaning, likely impact of health act's survival
By a 5-4 vote, the United States Supreme Court on Thursday upheld most of the provisions of the Affordable Care Act. Chief Justice John Roberts, who wrote the majority opinion, said the legislation passed in 2010 and signed into law by President Barack Obama was a valid exercise of Congress's power to tax.
“The Affordable Care Act is constitutional in part, and unconstitutional in part,” Roberts wrote, explaining that the Constitution's Commerce Clause doesn't give Congress the power to force individuals to engage in interstate commerce.
“The federal government does not have the power to order people to buy health insurance,” he wrote, but he added, “It is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but chose to go without health insurance. Such legislation is within Congress's power to tax.”
Roberts compared it to Congress' authority to place taxes on income and commodities.
Joining Roberts in the majority were Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. Dissenting were Justices Samuel Alito, Anthony Kennedy, Clarence Thomas and Antonin Scalia.
According to the law, if a person opts not to purchase a minimum level of insurance, the initial penalty, which starts in 2014, would be $95. That increases to $695 by 2016 and afterward becomes linked to the Consumer Price Index. Those declining to comply are not subject to criminal or civil penalties, and if they refuse to pay, interest does not accrue, according Congress's Joint Committee on Taxation.
Obama, who became so identified with the health care revision that it has become widely referred to as “ObamaCare,” said the court “reaffirmed a fundamental principle that here in America â€" in the wealthiest nation on Earth â€" no illness or accident should lead to any family's financial ruin.”
While some observers called the ruling a victory for the president, Obama said, “That discussion completely misses the point.” He said he didn't push for health reform because he thought it would be popular. “It should be pretty clear by now that I didn't do this because it was good politics. I did it because I believed it was good for the country.”
He said the law prevents insurance companies from imposing lifetime limits on the amount of care someone receives; from discriminating against children with pre-existing conditions; from dropping coverage when a client is sick; or from increasing premiums without a reason. The president said the law also requires insurance companies to provide free preventive care and to give about 13 million clients a rebate if they have spent “too much on things like administrative costs and CEO bonuses, and not enough on your health care.”
The law allows those younger than 26 to remain on their parents' health care plans and discounts prescriptions for older residents, he said. In 2014, when additional reforms come into play, he said, citizens will have “an array of quality, affordable private health insurance plans to choose from,” though each state would design its own health insurance market place, which he called an exchange.
Obama said women wouldn't have to pay higher costs than men for the same insurance, and those who can't afford premiums will receive assistance so they can pay.
Reactions to the ruling started coming almost as soon as the decision was announced. Supporters called the decision “historic.”
Among them, Gov. Jerry Brown said, “Today's dramatic Supreme Court ruling removes the last roadblock to fulfilling President Obama's historic plan to bring health care to millions of uninsured citizens.”
U.S. Rep. Mike Thompson, a Democrat in whose new Fifth District Benicia will be this fall, called the ruling “a victory for all Americans” and said the legislation already has been saving both money and lives. “Reforming our health care system is an ongoing process that began with the passage of this bill,” he said in a statement. “It is an important first step toward making quality, affordable health care a reality for all Americans.
“In the months and years ahead, we need to put politics aside, focus on the facts and work together to further improve our nation's health care system,” he said. “By building on the reforms made in the Affordable Care Act, we can make sure every American can afford to go to the doctor.”
U.S. Rep. George Miller, in whose district Benicia has been for more than three decades, summarized the decision succinctly: “The Supreme Court makes it clear: You're covered.” Like Thompson, he called the decision “a huge victory for the American people,” and for “small businesses, women, children and seniors.”
Calling the pledge by Congressional Republicans and GOP presidential candidate Mitt Romney to repeal the health reform act “the threat that remains to your continued access to affordable health care and to the Medicare guarantee,” Miller vowed, “I will fight to protect your health care.”
Assemblymember Mariko Yamada, D-Davis, chair of the State Assembly Committee on Aging and Long-Term Care, said “The U.S. Supreme Court has affirmed that health care is not a privilege, but the right and responsibility for all Americans.”
California Democratic Party Chairman John Burton also endorsed the decision, saying, “Millions of Americans are already experiencing the benefits of the law and more stand to benefit still in the near future. …
“The reaction from the Republican House leadership and their calls for a full repeal are another reminder that Democrats' work is far from done and reforms won't be fully protected until we win back the House and return the Speaker's gavel to Nancy Pelosi.”
Tom Del Beccaro, chairman of the California Republican Party, countered Democratic praise for the court decision.
“Today, our American system of government changed dramatically, if not irrevocably. Congress can now tax citizens into doing what it wants,” he said.
He took Roberts to task for his support of the act.
“We used to have a Supreme Court justice, John Marshall, that believed the ‘power to tax' was the ‘power to destroy.' Now we have a chief justice who believes that the power to tax is the ‘power to mandate,'” Del Beccaro said.
He saw the decision as impacting the November presidential election. “The fate of this legislation is now in the hands of voters. By re-electing Obama, they will keep this law. If they elect Romney, it could well be repealed.”
He said the law would present a hardship to California residents.
“For … a state already in more than financial distress, this represents a potential huge new financial burden. Californians cannot afford the government we have â€" there simply is no way for us to afford this new and massive expansion of government.”
In writing the majority opinion, Roberts said the court was not making a policy judgment.
“Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness,” he wrote. “Those decisions are entrusted to our Nation's elected leaders, who can be thrown out of office if the people disagree with them.
“It is not our job to protect the people from the consequences of their political choices.”
By a 5-4 vote, the United States Supreme Court on Thursday upheld most of the provisions of the Affordable Care Act. Chief Justice John Roberts, who wrote the majority opinion, said the legislation passed in 2010 and signed into law by President Barack Obama was a valid exercise of Congress's power to tax.
“The Affordable Care Act is constitutional in part, and unconstitutional in part,” Roberts wrote, explaining that the Constitution's Commerce Clause doesn't give Congress the power to force individuals to engage in interstate commerce.
“The federal government does not have the power to order people to buy health insurance,” he wrote, but he added, “It is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but chose to go without health insurance. Such legislation is within Congress's power to tax.”
Roberts compared it to Congress' authority to place taxes on income and commodities.
Joining Roberts in the majority were Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. Dissenting were Justices Samuel Alito, Anthony Kennedy, Clarence Thomas and Antonin Scalia.
According to the law, if a person opts not to purchase a minimum level of insurance, the initial penalty, which starts in 2014, would be $95. That increases to $695 by 2016 and afterward becomes linked to the Consumer Price Index. Those declining to comply are not subject to criminal or civil penalties, and if they refuse to pay, interest does not accrue, according Congress's Joint Committee on Taxation.
Obama, who became so identified with the health care revision that it has become widely referred to as “ObamaCare,” said the court “reaffirmed a fundamental principle that here in America â€" in the wealthiest nation on Earth â€" no illness or accident should lead to any family's financial ruin.”
While some observers called the ruling a victory for the president, Obama said, “That discussion completely misses the point.” He said he didn't push for health reform because he thought it would be popular. “It should be pretty clear by now that I didn't do this because it was good politics. I did it because I believed it was good for the country.”
He said the law prevents insurance companies from imposing lifetime limits on the amount of care someone receives; from discriminating against children with pre-existing conditions; from dropping coverage when a client is sick; or from increasing premiums without a reason. The president said the law also requires insurance companies to provide free preventive care and to give about 13 million clients a rebate if they have spent “too much on things like administrative costs and CEO bonuses, and not enough on your health care.”
The law allows those younger than 26 to remain on their parents' health care plans and discounts prescriptions for older residents, he said. In 2014, when additional reforms come into play, he said, citizens will have “an array of quality, affordable private health insurance plans to choose from,” though each state would design its own health insurance market place, which he called an exchange.
Obama said women wouldn't have to pay higher costs than men for the same insurance, and those who can't afford premiums will receive assistance so they can pay.
Reactions to the ruling started coming almost as soon as the decision was announced. Supporters called the decision “historic.”
Among them, Gov. Jerry Brown said, “Today's dramatic Supreme Court ruling removes the last roadblock to fulfilling President Obama's historic plan to bring health care to millions of uninsured citizens.”
U.S. Rep. Mike Thompson, a Democrat in whose new Fifth District Benicia will be this fall, called the ruling “a victory for all Americans” and said the legislation already has been saving both money and lives. “Reforming our health care system is an ongoing process that began with the passage of this bill,” he said in a statement. “It is an important first step toward making quality, affordable health care a reality for all Americans.
“In the months and years ahead, we need to put politics aside, focus on the facts and work together to further improve our nation's health care system,” he said. “By building on the reforms made in the Affordable Care Act, we can make sure every American can afford to go to the doctor.”
U.S. Rep. George Miller, in whose district Benicia has been for more than three decades, summarized the decision succinctly: “The Supreme Court makes it clear: You're covered.” Like Thompson, he called the decision “a huge victory for the American people,” and for “small businesses, women, children and seniors.”
Calling the pledge by Congressional Republicans and GOP presidential candidate Mitt Romney to repeal the health reform act “the threat that remains to your continued access to affordable health care and to the Medicare guarantee,” Miller vowed, “I will fight to protect your health care.”
Assemblymember Mariko Yamada, D-Davis, chair of the State Assembly Committee on Aging and Long-Term Care, said “The U.S. Supreme Court has affirmed that health care is not a privilege, but the right and responsibility for all Americans.”
California Democratic Party Chairman John Burton also endorsed the decision, saying, “Millions of Americans are already experiencing the benefits of the law and more stand to benefit still in the near future. …
“The reaction from the Republican House leadership and their calls for a full repeal are another reminder that Democrats' work is far from done and reforms won't be fully protected until we win back the House and return the Speaker's gavel to Nancy Pelosi.”
Tom Del Beccaro, chairman of the California Republican Party, countered Democratic praise for the court decision.
“Today, our American system of government changed dramatically, if not irrevocably. Congress can now tax citizens into doing what it wants,” he said.
He took Roberts to task for his support of the act.
“We used to have a Supreme Court justice, John Marshall, that believed the ‘power to tax' was the ‘power to destroy.' Now we have a chief justice who believes that the power to tax is the ‘power to mandate,'” Del Beccaro said.
He saw the decision as impacting the November presidential election. “The fate of this legislation is now in the hands of voters. By re-electing Obama, they will keep this law. If they elect Romney, it could well be repealed.”
He said the law would present a hardship to California residents.
“For … a state already in more than financial distress, this represents a potential huge new financial burden. Californians cannot afford the government we have â€" there simply is no way for us to afford this new and massive expansion of government.”
In writing the majority opinion, Roberts said the court was not making a policy judgment.
“Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness,” he wrote. “Those decisions are entrusted to our Nation's elected leaders, who can be thrown out of office if the people disagree with them.
“It is not our job to protect the people from the consequences of their political choices.”