There have been several theories about how Chief Justice Roberts became the fifth vote to uphold the Affordable Care Act.
1. He switched at the last minute because the other conservatives went too far;
2. He cared about the legacy of the “Robert’s Court”;
3. He could help undermine Lochner by rejecting the commerce clause by relying on the tax aspects of the mandate;
4. His “seizures” caused him to go all goofy (good ol’ slimy Drudge)
5. He was blackmailed by David Axelrod;
6. He decided he was the worst traitor since Benedict Arnold or Barack O’Clenis.
But maybe the usual answer is the best answer?
Hospitals, drugmakers and biotech companies are expected to be flush with new customers because of the law’s requirement that most Americans have insurance by 2014 or pay a fine. Insurers also are expected to experience a boon
Meanwhile, before their hopes and dreams of overturning years of legal precedent were foiled by years of legal precedent there was finally an alternative to “Obamacare” forming on the right — stop if you’d heard of this one before — the death panel:
Megyn Kelly hosted a panel of doctors to discuss the Affordable Care Act (aka Obama Care) yesterday – and I’m sure you’ll be shocked to know that all three of them opposed it. But what really was shocking was their reasoning that it would create too many patients which would negatively impact those who already have coverage. Rather than consider ways to increase health care providers, they all seemed to think the solution was to make sure there weren’t too many health care consumers. In other words, people should go without treatment so that those who already have coverage are not inconvenienced. Even worse, the doctors complained that too many people would “overuse” medical services.



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If this is victory, then our hands are too big too hold it.
With the majority of Americans disagreeing with the individual mandate, I don’t see how this helps Obama or what passes for Democrats. Not that it matters to either party’s leaders, more wealth redistribution from the 99% to the 1%.
“Hospitals, drugmakers and biotech companies are expected to be flush with new customers because of the law’s requirement that most Americans have insurance by 2014 or pay a fine. Insurers also are expected to experience a boon”
Leveraged economic servitude of Americans to another corporate interest, now coerced under fear of tax penalty!
Jefferson will vomit this fourth of July…
Adams will turn in his grave………….
So why do we celebrate the 4th of July in America.
Does America suffer from collective Alzheimer’s disease?
Then one can construe Robert’s decision as purely political. It helps the republicans to win the election since many Americas are always duped into voting against their self interest. My theory is this pits Americans against American, again.
And, now relying on the “brownshirt mentality,” for Americans to blame other Americans who cant afford outrageous premiums, “them feeloaders” as we hear from the ignorants, for the problems in healthcare when it is all a gamed system and the corporations, win and America losses.
They just tightened the shackles a bit to again pigeonhole Americans as is done with, housing, energy, food, and now health insurance. SO much for a “Bill of Rights” and limitations of government power as Jefferson envisioned. It has been eviscerated by this Court just as they eviscerated Dred Scott……
Good morning all,
If chief “justice”robber is for it I’m against it.
This political system isn’t working for the 99%, if it ever did.
The audacity to run on HOPE and provide hopeless solutions is the biggest betrayal from little o and the outright lying claiming single payer was considered when o had NO intention to do anything like that. After the destruction caused by the last crew I guess lying o is what this country deserves.
We got a truly hysterical reaction at our IMC this morning. The guy is blabbering on about treason and such. I think his figure of $1.76 trillion is correct, but of course he completely fails to account for the many savings and efficiencies that the ACA mandates, leading to an absolutely one-sided assessment.
It’s a victory for the one percent and that’s the long and short of it. The weak assed consumer protections are nothing more than a tiny bit of sweetener to get votes from Democrats who still had some principles at least that weren’t wholly devoted to money making and I’m frankly astonished that the Roberts court left them mostly intact. A whole lotta people are going to get richer under this pos by forcing people to buy a crappy product from the same people who are the problem in health care to begin with.
The notion of “single payer” was as abhorrent to the corporate health insurance business model, as emancipation was to the slave-owner. So like the slave owners who wanted slavery protected, by Congress and the Courts the monies bought the law. Stocks proved that yesterday….
What’s really abhorrent? Servitude, of the American people, enabled by a dysfunctional Congress and Court bought buy the monied interests, via corporations, who enjoy little monopolies in commerce and trade.
Jefferson vomits……
have no idea what you are talking about, the mandate is history making precedent, we have NEVER been forced into buying from private industry in the history of this country, this decision is a travesty that quickens our decline from democracy further into plutocracy
if anyone is wondering why “roberts’ switched is vote, it had to be someone, if not roberts then alito, if not alito then scalia
if it were a republican president the votes would have been reversed, the “liberals” would have been against, the conservatives of COURSE would have been for and it would have taken a liberal to “switch” their decision but the same decision would come down
roberts didn’t “switch” his vote, this decision was decided a long long time ago otherwise obama would NOT have fast tracked the scotus adjudication
but franklin says “I told you they couldn’t keep it didn’t I”
It doesn’t help Obama at all, IMO. Even the folks who WANT health care think the mandate is the wrong way to go.
Everybody I talk to who is for health care thinks medicare for all (Including congress) is the way to go.
The ones who are against health care think it’s just something else the government will screw up.
Boxturtle (Gotta admit I don’t have a lotta confidence in ObamaLLP’s planning or execution)
“pits Americans against Americans, again.” “again”? When did it end?
I think it does help republicans to win the House, Senate, and WH. Thus, greasing the skids for a true dismantling of the social safety net. Dems will do it, too, but GOP will do it bigger and better.
Good morning, pups. Today we’ve got Brooks and Krugman. In “Modesty and Audacity” Bobo gurgles that self-restraint of Chief Justice John Roberts Jr. has allowed for a process of discovery and innovation to enter the health care debate. Prof. Krugman considers “The Real Winners,” and says the Supreme Court ruling upholding Obamacare certainly is a big victory for the president, all right, but the real winners are people like you.
Here they are.
The coffee and tea are ready, I’ve got cold drinks in the fridge, and your favorite omelet for breakfast. I’ve got the day off today, with not much of anything on the agenda except taking 2 of the cats off to the vet for their annual check-ups and shots. Of course, the heat is supposed to be horrendous all weekend, so that pretty much rules out too much time outside. Rats! Have a great day.
A Dem in the WH speeds up the process since there’s not pushback from the Dems in Congress.
The markets were all down yesterday so even if insurance company stocks were up, the broader trading was down. Not sure I get your meaning.
There’s never any push back from the Democrats. Just bluster and sanctimony. Doesn’t matter who is in the White House.
If we think health insurance companies are arrogant assholes now, just wait until the the law goes into effect. It’s not going to be a pretty picture. Obama, Krugmnan, Pelosi, and others are talking complete disingenuous bullshit if they think ACA is good for the American people and the right way to go.
Attaturk is always good at constructing plausible explanations to ponder for almost anything. Still there is a bit too much media tittering about rumors about rumors (I don’ include Attaturk’s in that excess).
By Wednesday I had given ACA about a 10% likelihood of standing essentially unscathed. And certainly there was a 0% chance of that mix including Roberts. The actual result keeps life interesting.
I like Attaturk’s options #1 and #2. Those display a court acting less for reasons of merit, and more for the Court’s institutional interests, issues outside the task at hand, and the Justices’ (or Chief Justice’s)standing in society at large.
I always take a cynical view in that regard, which is based on the preponderance of what they do rather than occasional anectodal exceptions here and there. And regarding the ACA exception yesterday, it is so strained it may be the exception that supports the general rule I see. And a bit clumsy at that.
I don’t think ACA’s survival is anything to cheer for thoughtful progressives who want a path to single payer. It’s counterintuitive that the retrograde healthcare industries are going to eventually go quietly and wither away under ACA.
It’ll be fun to see how this roils the election season, a bright spot with miscalculations and backtracking and regrouping now. It will be a mixed bag for all of them I’d bet.
Self-restraint?!? Roberts decision is almost incomprehensable. I spent an hour or so with it last night and I still can’t wrap my head around exactly what it says. Expecially the implications to the commerce clause.
Boxturtle (If that opinion was sumbitted for a grade in law school, he’d get a D- at best)
Given that Roberts’s ruling was legal garbage (see Ginsberg’s alternate opinion for a coherent ruling*)
one can only conclude that everything but law lead to it.
Remember, these people aren’t chosen because they are the best legal minds (Souter was the last one chosen for that) but because they are the best servants of their masters’ political agenda.
*Even Clarence Thomas was more coherent in his brief dissent!
The charade of the two party system must be maintained for the fascism to continue. One party has to at least pretend to be for the downtrodden.
They have to put up some sort of fuss over social programs.
Sun Tzu
“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle….”
A lot of Liberals and Progressives don’t even know their is a War going on!
When you step out of the box, and look at Obama he gives you the answers to how the game must be played.
Obama knows he a Republican,
Obama knows he ACTED like JFK to get elected in 2008
Obama knows all of his colorful words are lies
Liberals and Progressives need to understand all war is base on Deception
What will terrify the Elites and it may happen soon, is the idea a hard core Progressives acts like a Tea Party Moron, and gets elected to congress.
the USA election system can be turn into a complete joke, if candidates from both sides start doing what OBAMA did.
We liberals and Progressives need to stop acting like OBAMA does not know what he is doing.
OBAMA knows Obamacare = Romenycare
Romney know Romneycare = Obamacare
The elites have two candidate running that will keep Obamacare and Romneycare alive. “this is the GENIUS of it all”
If Obama loses, Romney keeps Obamacare alive.
All war is base on deception “Sun Tzu”
Sadly, I agree with this. It’s almost as if Roberts had two goals: Attack the commerce clause and make sure to declare this a tax. Then he worked his opinion back from those.
You can bet that Roberts calling it a tax will be superimposed over Obama denying it was a tax by Mitt’s campaign.
Boxturtle (And who could blame him?)
Regardless of who wins and who loses, the status quo is maintained.
This the plan from the beginning.
The Heritage Foundation must have been doing a victory dance yesterday with high fives all all around.
Most Americans are more than willing to forge their own shackles and then gladly slip them on.
Ancient Chinese secret, huh?
The basic Heritage foundation idea that working people in general should accept responsibility for making sure they don’t become a burden on society used to be a quintessentially Republican idea, before they went stark raving mad. Willard Romney should walk with pride today.
they did their victory dance when the dems allowed the mandate go through without the public knowledge
there is no question in my mind they knew how the court would come out on this, so did obama
obama fast tracked this scotus case exactly timed for his re-election season, he could never have done this if he had any doubt about the decision
all
kabuki
I think it’s simpler than even what you all are saying.
Of course, it benefits the corporations, but I think Roberts just wanted people to LIKE him for once.
I bet Roberts is feeling all warm and fuzzy about himself this morning with all the attention and all.
The bags don’t like him now, but they don’t like ANYTHING that they think they’re going to have to pay for that benefits society, and who needs brainwashed crazies liking them anyway?
Heck, I don’t like brainwashed crazies liking ME
Einstein’s Theory of Relativity and Heisenberg’s Uncertainty Principle are easier to understand. Roberts uses tortured thinking and makes magical leaps of logic by concluding that the mandate is a fucking tax -when it’s actually a forced participation in commercial activity – which is directly antithetical to the Commerce Clause.
I do understand…….
The legislation was never presented as a tax! You are correct. So how can the law be upheld? It was the corporate shell game and semantics….
The law which Robert’s approved was never intended to be a tax? Judicial activism for corporations????
Yes, and then they crossed Roberts’ palm with silver for a job well done.
completely agree: Kabuki with all the actors playing their parts.
It’s a frickin’ joke, but (not kidding) this “decision” pretty much came down as I expected.
Roberts was doing the reach around for BigIns, and the rest of the SCOTUS wrote their opinions they way they were supposed to in order to maintain the charade that what they’re doing is “legal” ‘n stuff.
Well, I’ve had NO other expections of the SCOTUS since Bush v. Gore. The SCOTUS has always been somewhat partisan, but anymore it’s a complete joke and the “justices” are not doing the “job” that they’ve been appointed to do.
As I said: I, personally, have no expectations other than the SCOTUS will “rule” in favor of the 1% every time, unless it’s an opinion that somehow doesn’t matter to the 1% (and even then, the ruling will be a rightwing decision).
Eh? Roberts pretty much said what he wanted to say, which is what the 1% told him to say… and then garbles it into some kind of “legalese” mumbo-jumbo to make it seem, uh, “legalish.”
It was bogus. Even before I read it, it made no sense.
The idea of calling it a “tax” is deliberate and will be used throughout the campaigns as canon fodder. So Roberts did the job that the 1% paid him to do. It’s a disgrace, but expect nothing else.
It doesn’t matter what sweeteners they write into this law.
They are all just the propaganda to sell it to the people.
What matters is who will enforce you being trampled by these health insurance companies.
You can bet you will be long cold in the ground before they enforce anything that actually takes money from the blood sucking health insurance companies.
As for being able to get health insurance now even though you have a “pre-existing” condition.
Yes, they will take your money. Will you actually be treated for it? That is another question entirely.
Why is it so hard for so many to understand that Roberts voted to uphold the conservative mandate idea and to strike down the liberal idea to force states expand Medicare coverage? It ain’t rocket science.
Bingo. Thanks. Great diary, and comments, thanks to all.