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Friday, June 29, 2012

As I Suspected: ACA Upheld

While, I have to admit I am a little shocked Justice Roberts didn't just knock it all down, I'm not at all surprised at the judicial logic applied to the law.  I figured the law would in fact, pass muster, just didn't think it'd be Roberts that upheld it.

What confused me with the case, was the defense used:  It is an exercise of the commerce clause.  I knew that it had naught to do with the commerce clause.  I was wondering why the council was dancing around the question of it being a tax or not.  It was clearly a tax, akin to many other taxes already present.  You pay more in income taxes if you don't get health insurance, much like you pay more in income taxes if you don't buy a home, or don't buy EnergyStar Certified Appliances.  Taxes used to encourage or discourage behavior occurs all the time, and has many precedents.

However, I also knew that when the constitutionality of a law if brought to the SCOTUS, they examine if it meets any of the authorities granted to the government, and if it violates any of the protections.  The good thing about our SCOTUS is they don't toss out a law, just because a lawyer is an idiot and uses the wrong argument.

So, I was not at all surprised that the courts chose to uphold it on the basis of it being under the power of taxation.

Now, progressives are pretty giddy right now, as they should be.  Conservatives?  They're still spinning in the wind, trying to figure out the marching orders.

Limbaugh started down the "brown shirts got to Roberts" bit.  It's gaining a little bit of traction, as I've seen three other outlets using that line.  He also started the "largest tax increase in the world" lie, which is gaining more traction.  Even Mike Madigan's crew has picked it up.

So, I've got some catching up to do, to see where they'll fly with this.  Which means I have to endure another day listening to Rush Limbaugh to prep me for the direction they're going in.  He was kind of blindsided yesterday, since his show started an hour after the ruling was given.  Not much analysis done yet, so I figure he'll have a much more concrete direction today.

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