July 2, 2012: The Bay County Bulletin

Now that #SCOTUS has upheld #ObamaCare, we must redouble our efforts to #repealandreplace by taking back the Senate and electing @MittRomney
— Bay County GOP (@BayCountyGOP) June 28, 2012

"The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid, or to pass upon its wisdom or fairness."
—Chief Justice John G. Roberts, Jr. (Opinion of the Court)

COURT BACKS OBAMA ON HEALTH LAW—In a Surprise Ruling, Chief Justice Sides With Liberals to Uphold Insurance Mandate; Republicans to Press for Repeal: Chief Justice John G. Roberts, Jr. joined the Supreme Court's four liberals Thursday to uphold the linchpin of President Barack Obama's plan to expand health coverage to nearly all Americans, a surprise conclusion to a constitutional showdown. The ruling clears the way for the biggest revamp of America's health-care system since the 1960s—and sets the stage for a renewed political fight over its merits. By a 5-4 vote, the court held the law's mandate requiring Americans to carry health insurance or pay a penalty valid under Congress's constitutional authority to levy taxes. The financial penalty for failing to carry insurance possesses "the essential feature of any tax," producing revenue for the government, Chief Justice Roberts wrote.

But the court handed a consolation prize to the 26 largely Republican-led states that challenged the health-care overhaul—and opened a new door to their resistance. It ruled that the federal government could not expel states from Medicaid if they refused to go along with the expanded eligibility for the federal-state health program that is part of the health-care law. http://on.wsj.com/QDaCiL

THE ROBERTS RULES—The Chief Justice rewrites ObamaCare in order to save it.: Thursday was destined to be an historic day for American liberty, and it was, though the new precedent is grim. The remarkable decision upholding the Affordable Care Act is shot through with confusion—the mandate that's really a tax, except when it isn't, and the government whose powers are limited and enumerated, except when they aren't. One thing is clear: This was a one-man show, and that man is John Roberts.

The Chief Justice ruled that ObamaCare's mandate violated the Commerce Clause, joined by the Court's conservative bloc, but he also said that the mandate fell within Congress's power to tax, joined by the Court's liberal bloc. In practice this is a restraint on federal power without real restraint—and, worse, the Chief Justice had to rewrite the statute Congress passed in order to salvage it. The ruling will stand as one of the great what-might-have-beens of American constitutional law. http://on.wsj.com/QDevnV

ROBERTS SWITCHED VIEWS TO UPHOLD HEALTH CARE LAW: Chief Justice John Roberts initially sided with the Supreme Court's four conservative justices to strike down the heart of President Obama's health care reform law, the Affordable Care Act, but later changed his position and formed an alliance with liberals to uphold the bulk of the law, according to two sources with specific knowledge of the deliberations. Roberts then withstood a month-long, desperate campaign to bring him back to his original position, the sources said. Ironically, Justice Anthony Kennedy - believed by many conservatives to be the justice most likely to defect and vote for the law - led the effort to try to bring Roberts back to the fold. http://cbsn.ws/KULhRr

"The Court today decides to save a statute Congress did not write. It rules that what the statute declares to be a requirement with a penalty is instead an option subject to a tax. ... The court regards its strained statutory interpretation as judicial modesty. It is not. It amounts instead to a vast judicial overreaching. It creates a debilitated, inoperable version of health care regulation that Congress did not enact and the public does not expect."
—Justice Antonin Scalia (Dissenting Opinion, joined by Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr.)

Gov. Snyder signs next Michigan budget into law: Gov. Rick Snyder on Tuesday signed into law a roughly $49 billion state budget that includes increased funding for education and public safety, while paying down debt, tucking away savings and granting a small tax break to individuals. This is the second year in a row Snyder and the Legislature delivered the state budget well ahead of the Sept. 30 deadline. The new budget year starts Oct. 1. http://bit.ly/LBEbMX

Republican state senator considering a 2014 challenge to Carl Levin: A Republican state senator said Tuesday he is considering a 2014 challenge to U.S. Sen. Carl Levin, a Detroit Democrat. Sen. Roger Kahn, R-Saginaw Township, chairman of the Senate Appropriations Committee, confirmed his interest in the race in an interview with the Free Press after attending Gov. Rick Snyder's signing ceremony for the 2013 state budget. http://on.freep.com/N3jPQM

BIRTHWEEK: Tuesday. Amy Carl. Wednesday. President Calvin Coolidge, Lisa Valentine. Thursday. Huey Lewis, Sen. Roger Wicker. Friday. Nancy Reagan, President George W. Bush. Saturday. Doc. Severinsen, Ringo Starr. Sunday. George W. Romney, Toby Keith.