According to a majority on the Supreme Court, Obamacare’s penalty for not buying medical insurance is constitutional because it’s a “tax,” not a “penalty.” Hmmm. All taxes may penalize, and penalties sure can be “taxing,” but this similarity doesn’t give us license to swap one for the other.
Chief Justice John Roberts reportedly flip-flopped about whether the Obamacare mandate is unconstitutional — perhaps in fear of left-leaning politicians and pundits. (“We’re not going to like you if you hinder our tyrannical medical regime by applying constitutional principles!”)
The chief’s formal opinion states that under the Constitution the wisdom of legislation is a “judgment . . . reserved to the people.” Whoa. Hasn’t Marbury been decided? Doesn’t the courts’ power of judicial review help ensure that constitutional restraints on government power continue to restrain?
Well, just because the Roberts Court refuses to do its job doesn’t mean we must twiddle our thumbs in response. We can fight for an anti-Obamacare majority in Congress and the White House in November.
We can also urge our state governments to decline to cooperate with Obamacare right now. As wretched as it is, the court’s ruling at least overrules the new law’s attempt to force states to massively expand Medicaid. Almost immediately after the ruling, Florida Governor Rick Scott, who had refused to cooperate with other aspects of the law, announced that Florida will not expand Medicaid eligibility. A dozen or so other governors have made similar commitments.
What about your governor? Do you need to make a phone call?
This is Common Sense. I’m Paul Jacob.