Health Care Victory

In a stunning conclusion to months of hand-ringing over what the Supreme Court would do regarding the Affordable Health Care Act, the high court has upheld the law.  It seemed to be widely assumed that the court would either strike down the entire law or strike down the mandate to buy health insurance.

The ruling is surprising in that the 5 to 4 decision has Chief Justice Roberts voting with the Democratic judges in the affirmative.  Justice Kennedy voted with the minority.  My thought had been that if the law were upheld, the vote would have been 6 to 3 with Roberts joining Kennedy in upholding.

The ruling is also surprising in that the mandate is upheld not on the basis of the commerce clause in the Constitution that gives the federal government the power to regulate intestate commerce, but on the basis of the taxing power of the government.  Citizens who refuse to buy health insurance starting in 2014 are subject to a tax.  From everything I read the mandate should have been upheld on the commerce clause but whatever, the important thing is that the law is upheld.

We have read how Justice Roberts is (properly) concerned by the increasing perception that this is a political court, making rulings based on politics (Republican) rather than rulings based on the law and the Constitution as it is supposed to do.  Roberts is concerned about the reputation of the court.  No doubt this concern helped him to find a rationale for the mandate in the taxing power of the government and sends him joining the four Democratic judges in upholding this law.

Regardless of the political ramifications in this election year, the Supreme Court has done the right thing for the country.  The Republican House will vote to repeal Obamacare, but that will be just for show.  The law will stand.  Even if the Republicans regain control of the Senate after November, they will not have 60 members to prevent a Democratic  filibuster.

The law is not perfect.  It will work itself out over the coming years, but the majority in this country will one day  look back on this decision as a great day in American history just as we do in looking back on 1965 when Medicare passed.  Of course, it goes without saying that Republicans opposed Medicare in 1965.