The Reaction

First — a collection of tweets from people who say they are moving to Canada because “Obamacare” is socialism. Yeah, let’s live somewhere free of the scourge of socialized medicine! Oh, wait …

Righties already are seizing on Roberts’s decision that the individual mandate is constitutional because of the power of Congress to levy taxes. It’s a tax! (It’s a witch! Burn it!) The ever not-brilliant Kathleen Parker accused the Obama Administration of deceit for sneaking a tax into the ACA without telling anybody. This rather overlooks the fact that Roberts is the only one calling it a tax. The Solicitor General who defended the ACA before the court very pointedly argued that the penalty was not a tax, and calling it a “tax” instead of a “penalty” doesn’t mean the whatever-it-is will suddenly cost you more money than it would have as not a tax, or lurk under your bed and eat your socks.

Jennifer Rubin joins the mob:

Randy Barnett, one of the key architects of the Obamacare legal challenge, e-mails me: “Today’s decision validates our claim that a Congressional power to compel that all Americans engage in commerce was a constitutional bridge too far. By rewriting the law to make it a ‘tax,’ the Court has now thrown ObamaCare into the political process where the People will decide whether this so-called ‘tax’ will stand. And the People will also decide whether future Supreme Court nominees will pledge to enforce the Constitution’s restrictions on the power of Congress.”

The problem here, of course, is while the Obama administration swore up and down that Obamacare did not tax every American, the Supreme Court, in effect, held that the Democrats did exactly that. In that regard, the opinion is a tribute to President Obama’s utter disingenuousness.

Except that the Court did not “rewrite” that part of the law at all. The only difference is in the legal theory supporting what the law said. And the penalty is not a tax on “every American,” just people who refuse to comply with the law.

So expect a lot of hysteria about it’s a witch! I mean, it’s a tax!

The ACA actually gives the government very little power to collect the penalty or tax or whatever you want to call it. As the law is written now, if you refuse to pay it you won’t be charged with a crime, and the government can’t put a lien on your property or anything.

While welcome as far as the ACA goes, Roberts’s peculiar opinion on taxing versus commerce clause is likely to cause a lot of trouble for progressives down the road. It really should have been found valid under the commerce clause.

The Decision (Update: It’s Saved!)

Well, we should know in about 25 minutes …

Hoopsi-doodle; I’m getting the news that the individual mandate is upheld. Details to come …

SCOTUSblog has a live blog that is confirming the individual mandate has been upheld. Also I’m hearing that Roberts voted with the majority opinion. A number of commenters said predicted this outcome over the past few hours.

Blood-curdling howl to rise from the Right in 5 … 4… 3… 2… 1…

Update: Yeah, the mandate was upheld 5-4, with Roberts in the majority. I’m assuming that means Scalia, Thomas, Alito, and Kennedy wanted to nix it.

Update: The skunk in the rose garden is that the majority ruling is that the mandate does violate the commerce clause, which is something that could spell trouble for progressivism. But the mandate is upheld under the taxing power. Go figure.

Update: From SCOTUSblog,

In Plain English: The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn’t comply with the new requirements, rather than all of their funding.

The dissents are still being read.

Update: Not a lot of reaction from right-wing blogs yet. I guess they are waiting to receive their talking points from Rush and Hannity.