This morning, in a rather interesting turn of events, the Supreme Court in a 5-4 decision written by Chief Justice Roberts (a Conservative) upheld Obamacare. However, they did not uphold the mandate as a legitimate statute under the Commerce Clause, they upheld it as a legitimate statute under the Taxing Authority of Congress. In fact, the Supreme Court ruling stated that the mandate would not have been Constitutional under the Commerce Clause which is a big win for those who like small government. In the same ruling, the Court determined that the Expansion of Medicare and the potential loss of Medicaid funding by the States if they do not comply, by a 7-2 vote is unconstitutional. For those that want to read the entire opinion, it can be found here: NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL.
By now, there are hundreds of articles all of the internet about this ruling and its implications. If you want to see a myriad of them from both sides of the coin, you should just go to SCOTUSblog.com. You will be inundated with different viewpoints. On of the more interesting articles I’ve read is entitled “A Weird Victory for Federalism” by Randy Burnett. In it, Mr. Burnett argues that even though the Court upheld the law, it also allowed Federalism to live another day. By declaring the mandate an unreasonable extension of the Commerce Clause, the Court stated that the Federal government is limited in its power. Burnett continues:
“Then the Court went farther to invalidate the withholding of existing Medicaid funding as coercive, thereby finding an enforceable limit on the Spending Power.”
However, it is not what 60% of the electorate want as all of the latest polls show that as many as 60% of the population are against the mandate and Obamacare. This doesn’t even take into account the abortion and contraceptive requirements under attack by the Catholic Church which another large portion of the electorate disagree with. This decision does not deal with those issues at all as those lawsuits are just beginning to wind their way through the court system.
In 2010, when the Affordable Care Act was signed by the President and enacted, the Tea Party was born. It was born, not just by Obamacare, but by the large power grabs of the Democratic Congress and the President. As a result of the anger that inspired the Tea Party, the Democrats lost 63 seats in the House and 7 seats in the Senate. As President Obama said, “we were whipped” in the 2010 election. Since then, the Tea Party has lost its steam. There seems to be a general malaise in that core group of Conservatives.
Well, now the 60% of the population that doesn’t want Obamacare has another reason to rally against the Democratic party. It will take a flip of approximately 5-6 seats in the Senate and a hold in the House to get rid of it. But, most importantly, it will take a win by Mitt Romney to sign the Congressional repeal. Obama, will not sign it and we will not have the required votes to override a veto. Accordingly, whether you agree with Romney, like Romney or otherwise, this should be the rallying cry in the election. The only way Obamacare will go is if Romney wins.
So, let’s get the Tea Party up and running again. Let’s get rid of the malaise that has been created in the Tea Party since the 2010 elections. A bad law must go and the only way it is going to go, is to elect a Republican to the White House in four months.