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

A complicated ruling pushed the social network into chaos.

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:

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Beware, hard Brexiteers - Ruth Davidson is coming for you

The Scottish Conservative leader is well-positioned to fight. 

Wanted: Charismatic leader with working-class roots and a populist touch who can take on the Brexiteers, including some in the government, and do so convincingly.

Enter Ruth Davidson. 

While many Tory MPs quietly share her opposition to a hard Brexit, those who dare to be loud tend to be backbenchers like Anna Soubry and Nicky Morgan. 

By contrast, the Scottish Conservative leader already has huge credibility for rebuilding her party north of the border. Her appearances in the last days of the EU referendum campaign made her a star in the south as well. And she has no qualms about making a joke at Boris Johnson’s expense

Speaking at the Institute of Directors on Monday, Davidson said Brexiteers like Nigel Farage should stop “needling” European leaders.

“I say to the Ukip politicians, when they chuckle and bray about the result in June, grow up,” she declared. “Let us show a bit more respect for these European neighbours and allies.”

Davidson is particularly concerned that Brexiteers underestimate the deeply emotional and political response of other EU nations. 

The negotiations will be 27 to 1, she pointed out: “I would suggest that macho, beer swilling, posturing at the golf club bar isn’t going to get us anywhere.”

At a time when free trade is increasingly a dirty word, Davidson is also striking in her defence of the single market. As a child, she recalls, every plate of food on the table was there because her father, a self-made businessman, had "made stuff and sold it abroad". 

She attacked the Daily Mail for its front cover branding the judges who ruled against the government’s bid to trigger Article 50 “enemies of the people”. 

When the headline was published, Theresa May and Cabinet ministers stressed the freedom of the press. By contrast, Davidson, a former journalist, said that to undermine “the guardians of our democracy” in this way was “an utter disgrace”. 

Davidson might have chosen Ukip and the Daily Mail to skewer, but her attacks could apply to certain Brexiteers in her party as well. 

When The Staggers enquired whether this included the Italy-baiting Foreign Secretary Johnson, she launched a somewhat muted defence.

Saying she was “surprised by the way Boris has taken to the job”, she added: “To be honest, when you have got such a big thing happening and when you have a team in place that has been doing the preparatory work, it doesn’t make sense to reshuffle the benches."

Nevertheless, despite her outsider role, the team matters to Davidson. Part of her electoral success in Scotland is down the way she has capitalised on the anti-independence feeling after the Scottish referendum. If the UK heads for a hard Brexit, she too will have to fend off accusations that her party is the party of division. 

Indeed, for all her jibes at the Brexiteers, Davidson has a serious message. Since the EU referendum, she is “beginning to see embryos of where Scotland has gone post-referendum”. And, she warned: “I do not think we want that division.”

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.