Supreme Court upholds health care individual mandate
High court rules key part of ObamaCare will become a tax
- Duration 8:57
- Date Jun 28, 2012
High court rules key part of ObamaCare will become a tax
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Or all of America -- a major victory for the Obama administration the US Supreme Court on Thursday ruled.
That Barack Obama's signature health care law is constitutional.
In Washington your reaction.
This is an amazing moment for the Obama administration.
And the fact that we as court watchers and all the reporters were focusing in on Justice Kennedy.
As the swing vote here when it was really the Chief Justice John Roberts who was the swing vote and is the decider.
Really on upholding.
Obamacare as is written as we've been talking about.
Remember in the immigration boat people look back and said is this an indication that Roberts could be siding with the left.
Even on another.
Case and people said no it's it's apples to oranges but it seems that John Roberts has accepted that line of argument and its interest -- one more thing politically.
As this case is being argued before it became law as it was a bill.
President Obama said this was not a tax no way it was attacked and he said it repeatedly.
Legal team fought it as attacks and they made that case in court and this is what has upheld it appears.
His health care law and.
Out to the public -- -- this member in the senate it was a party line vote not a single Republican senator.
Voted in favor of -- 34 Democrats in the house voted with Republicans not a single Republican voted in favor of it.
Shannon -- has a couple hundred pages -- -- it's now.
What did you find out.
What did you think -- was so much focus on justice Anthony Kennedy he might be the swing vote here but the sense is made up at least -- primary December reading now.
Justice Scalia Kennedy Thomas and Alito -- like you've been saying the Chief Justice turned out to be the swing vote here.
Here's part of the descent and there is powerful language here it is basically what's happened here is you've extended federal power to virtually everything all of this -- food and when we do so the federal government can't prescribe now what it's equality must be an even how much we must pay.
But the mere fact we all consume food and that's sooner or later -- -- -- in the market their quotes for food.
Did not empower the government to say when and what we will -- that is essentially what that act seeks to do with respect to parts of health care.
It exceeds all federal power.
Sell a strong dissent there but it includes Kennedy Justice Kennedy goes with the dissent on this with the wing.
You know often -- -- the conservatives so it was the Chief Justice as we're seeing as you -- -- who.
Clearly what the deciding factor in this -- right.
Chanting thank you for that we're getting word from the White House President Obama we'll talk about this his first comment coming.
Within about one hour so we'll stand by for that at the White -- you wonder how Medicaid and that is struck down how.
More Americans are able to access insurance if it if the roles.
At the state level -- not increased as the justices apparently had just ruled Juan Williams with me now boxing's political analyst -- Your reaction.
Plus they get the big day for the Obama administration got I don't think there's any way to get around -- this is the tipping point.
In terms of public perception of a law for so long we have heard the critics loud and clear.
In terms of the excess of the law and the potential for.
How damaging relationships between patient and doctor but now we see that this court has the firm that is constitutional as the attacks.
I think you're going to see people now it.
Become accustomed to the idea and focused more on the benefits that attached to the affordable health care act.
Closing the doughnut hole and protection for young people 126 allowing them to stay on their parents' insurance I could go on.
But all of those consumer friendly features I think now gonna come into sharper focus as people become -- -- the idea that this is the law as -- by the Supreme Court.
So to get to Karl Rove is point it is vindication for the president as his signature like -- -- of victory during his first term.
And I think it puts Mitt Romney and the Republicans on the defense that -- they.
Not just what we repeal it but.
Why do we think that we can do a better job and what has been a historic historic struggle the try to provide -- here across the country and it.
Have -- over the past few months there has been common ground spoken publicly on behalf Republicans and Democrats and some of those provisions.
Are good things and also the insurance companies to -- have voice yet again there favor for them the judge's back with me now.
Specific question on how you fund.
Or find insurance.
For more people at the state level.
If the Medicaid provision is declared unconstitutional.
We have do you do that I -- I don't know how you do it and candidly bill we have not yet seen that part of the -- they haven't held unconstitutional ain't what it appears that what they've held unconstitutional are the punitive aspects of it.
-- the federal government.
Other money that it -- to the states on other issues if the states don't come.
Yeah exactly and -- -- this is from chief Justice Roberts just our viewers know.
There was one provision of this law that required a huge Medicaid expansion in all fifty states and said to the state that you don't do it you don't put all these.
-- lower income folks and your Medicaid -- you're gonna lose your existing Medicaid so it was a it was a big stick over the states this is what the Chief Justice has written quote.
Nothing in our opinion precludes congress from offering funds under the health care act to expand the availability of health care.
And requiring that states accepting such funds comply with the conditions on their use.
What congress is not free to do is to penalize the states that choose not to participate in the new program.
By taking a wave their existing Medicaid funding so they can't use that stick.
On the states are saying if you don't do we want to expand these -- -- lose your existence -- later saying.
Yeah victory for the 26 states and what you got what do you the vote -- what you both are arguing here is epic.
It is what is being printed on this law the constitution requires a -- temperature.