Alex Hern

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Obamacare ruled constitutional; Twitter doesn't know what everyone is yelling about

A complicated ruling pushed the social network into chaos.

New Statesman

The first two tweets on my Twitter feed more or less sums up the social network's reaction to the Supreme Court's decision on healthcare:

With the benefit of a whole ten minutes to take stock, it appears zerohedge, although beaten by a tenth of a second, were more accurate (a strange world we live in). Bluntly, it is not possible to read an entire court ruling in ten seconds. The desire to be first led many tweeters to take the first mention of the individual mandate - the requirement that Americans buy healthcare if they can afford it - as gospel.

It wasn't just on twitter, however. CNN messed up bigtime:

And Fox News were just as wrong on their website:

So how did the confusion come about? The issue at stake was thought to be whether the mandate is allowed under the commerce clause of the US constitution. The federal government is allowed to regulate interstate commerce, and Obama's lawyers argued that mandating the purchase of healthcare fell under that. The supreme court, however, disagree, ruling that the mandate is not allowable under the clause.

This appears to have been where CNN stopped reading. Unfortunately, they didn't make it to the next bit. Since the only penalty for not buying insurance is a fine, a majority of the court held that the mandate is in effect a tax on not having healthcare - and thus allowable under the federal government's power to levy taxes. Amy Howe of SCOTUSBlog sums it up:

The Court holds that the mandate violates the Commerce Clause, but that doesn't matter b/c there are five votes for the mandate to be constitutional under the taxing power.

Needless to say, twitter wasn't happy about twitter:

Update

Now that the ruling has been released, we can see how CNN's error happened. They read up to halfway through page three, where it says "The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.”" If they'd read to page four, they would have seen "the individual mandate may be upheld as within Congress’s power under the Taxing Clause".

In short:

8 comments

John Cheese's picture

Tax increase it is & it's the largest in our country's history... Barry & the Dems flat out lied. As soon as the Gen X'ers find out they are now relegated to subservient status, never to rise to their parent's and grandparent's quality of life, well, the torches will be lit. I'm glad I'm not just starting out in my career. 10,000 boomers hit retirement age each day in the US. And we don't even have the fancy statues or ritzy expresso houses.

Rick Mc Callister's picture

It is a very flawed system, but it's still a step in the direction of civilization. The giveaways to insurance companies and pharmaceuticals will have to cut, though, for it to survive. With this win, Obama is on his way to reelecion and whatever chaos the retrograde republican ayatollahs throw at him.

Brandt Hardin's picture

Republicans would have us believe this is bad for America. Is there any doubt that a Romney administration would favor the rich and increase the income gap in our country while leaving millions of our citizens uninsured and unprotected? Mitt is a pariah in Mormon Clothing and will stop at nothing to expand an empire of greed for the rich in this country. Can his sacred Mormon underwear gain him enough donations to buy this election? See for yourself as Mitt dons his tighty-whities sent from the Good Lord Himself at http://dregstudiosart.blogspot.com/2012/05/mitt-romneys-magic-mormon-und...

Brandt Hardin's picture

Republicans would have us believe this is bad for America. Is there any doubt that a Romney administration would favor the rich and increase the income gap in our country while leaving millions of our citizens uninsured and unprotected? Mitt is a pariah in Mormon Clothing and will stop at nothing to expand an empire of greed for the rich in this country. Can his sacred Mormon underwear gain him enough donations to buy this election? See for yourself as Mitt dons his tighty-whities sent from the Good Lord Himself at http://dregstudiosart.blogspot.com/2012/05/mitt-romneys-magic-mormon-und...

jankaas's picture

hmm, that was time well spent by SCOTUS. lots of Republicans no doubt sloping off back under their rocks humiliated. or so they should...

but no doubt there will be another cause that they deem certain will cause the downfall of their democratically elected leader. anyone remember the hysteria about petrol prices? (that's 'gas' for the Septics on this thread). i remember many cretinous posters insisting that petrol would be past $4/gallon by now. it was inevitable, a certainty, and it was all because of one thing: Obama.
he was forcing prices up on purpose, and there's nothing he was going to do about it. forget the fact that POTUS has no control over the pricing, this time it was all Obama's fault. remember?

well guess what the price is today? under $3.50 and falling. so where are all those Republicans praising Obama for lowering the price.....? bunch of cretins, don't deserve the time of day.

Davidaslindsay's picture

Why is anyone surprised at this ruling? Supreme Court Justices do sometimes have prior judicial experience, but they are party machine appointees who would never let principled zeal overcome tactical sense. Strike down the other lot's flagship policy, and they will do the same to yours once the opportunity presents itself. Heaven and earth were always going to be moved in order to rule that, whatever else it might be, ObamaCare was not unconstitutional. So it has been.

Romney has no meaningful intention of repealing something that he pretty much invented, anyway. His nomination confirms that, for all the noise from Tea Parties and what have you, the thing that still purports to be conservatism in post-Dubya America is in reality a very small minority concern even among registered Republicans. The result of the primary process speaks for itself. The older school of Eisenhower Republicans will have two candidates out of two in November. Call it ObamaCare, call it RomneyCare, call it anything you like: it is a classic piece of Eisenhower-Nixon-Ford-Bush I Republicanism. America could do with a great deal more such pieces. And the world could do with such an America.

Give it five years - and regardless of the results in November, it will still be there in five years' time - and Americans will wonder how they ever got by without it, if they are still thinking about it at all. The only reform demanded by the public, or suggested by anyone beyond the outermost fringe, will be a move to the Canadian single-payer system (basically, the NHS) advocated by Donald Trump, because it would be so much less bureaucratic while retaining the principle of universal coverage paid for out of general taxation. That principle will be as universal as the coverage, within five years.

This is also a pro-life victory. A ban on abortion funding was already written into the original legislation, but if this is a tax rather than a commercial purchase then the provisions of the Hyde Amendment also apply, putting the belt and braces on it. Precisely because this is now recognised as taxation, the contraceptive mandate will also almost certainly either be struck down in the courts or legislated away in order to pre-empt such an action.

But we had the NHS a generation before either the Pill or abortion, and they have much tighter abortion laws on much of the Continent alongside, indeed built into, universal public healthcare. So all of that was and is peripheral, if that, to the principle. And the principle has now been established.

Silican's picture

Obamacare, a license for health insurance companies to print money, is ruled constitutional by a right-wing dominated supreme court. Why is this a surprise? The only positive aspect of Obamacare is its dubious promise to improve quality of care.

John Cheese's picture

This Nov election just became about 0bama-care... CJ Roberts just cranked things up x 10 & ensured a GOP Prez victory. Buckle up...

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