The Affordable Care Act of 2010 was upheld by the United States Supreme Court in a 5-4 decision. Its constitutionality had been challenged by 26 states arguing that the federal government cannot require citizens to purchase health care and infringe on states’ rights.  Interestingly it was Chief Justice Roberts who wrote the ruling but in that ruling he explained that the justices “possess neither the expertise nor the prerogative to make policy judgments. 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.”

Taxed for not Having Insurance

Obama’s heathcare initiative requires every Americans to obtain insurance or pay a penalty. Yesterday’s decision by the Supreme Court stated that this was authorized based on Congress’s power to levy taxes. He states, “because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”  With the mandate, coverage is extended to 30 million people so they must obtain insurance or face a penalty for not obtaining coverage. Justice Robert’s reasoning for his decision was that this penalty was a tax and within the bounds of the Constitution. Congress can’t mandate or command that Americans buy health insurance but the government can tax you differently if you don’t buy it. The Obama Care goes into effect and is the law upholding these provisions:

  • Women will pay the same as men.
  • If you are under 26, you can get health insurance from the plan your parents use.
  • If you’re on medicare you can get free mammograms
  • People with preexisting conditions cannot be denied coverage even if they get sick or make a mistake on their health insurance application.

Obama insists that the health care bill is a “penalty” and not a tax, despite Chief Justice Roberts’ ruling to uphold the law under Congress’ taxing power.

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