WAIT! SCOTUS Also Decides HHS Can’t Penalize States That Choose Not to Participate
Posted by Andrea Ryan on Thursday, June 28, 2012, 10:13 AM
Hold on, rejoicing Liberals. There’s another twist in today’s ObamaCare Supreme Court ruling. There is a huge win for the Tenth Amendment and states’ rights.
There is a Medicaid Provision in today’s Supreme Court ruling on ObamaCare that says Congress can order the states to provide certain healthcare, but they can not financially penalize those states that choose not to comply.
So, for states, like New Jersey, Virginia, Georgia, Florida, and others who reject the onerous expansion of Medicaid foisted upon them, the HHS Secretary can only say “Pretty Please”.
AHA Health Reform Law has a key quote from today’s Supreme Court decision,
“Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.”
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FurryGuy commented:
The SCOTUS said in their SB1070 ruling this administration couldn’t penalize states, specifically Arizona, for wanting to enforce immigration law. That was proven false by Barry withdrawing DHS cooperation with state law enforcement to determine immigration status. This removal of HHS power will be just as toothless.
The Rule of Law may be what the SCOTUS expects, but ain’t gonna happen with this tyrannical regime.
Bubba commented:
Mmmm….yeah. And there was no way Obama’s dictatorial regime could penalize a Governor for talking back to him on a Runway tarmac, and for trying to call him out by passing a law to do the job the feds won’t do.
Get real.
P. Aaron commented:
Doesn’t mean squat. The court has decided twice in a row now that states’ sovereignty is dead…if the Feds pass a law a majority of the justices deem ‘benevolent’ to us proles.
This ruling is a declaration of war on liberty.
Limiting what the Feds can do about a medicaid application? The federal programs still survive…wearing the states down.
Red commented:
How about individuals who choose not to participate?
Missouri’s Atty. General Chris Koster is too busy having foreplay with Planned Parenthood skanks to do his friggin’ job.
Jay Nixon has crap splashed on his shoes too. He advertises himself as a conservative Democrat but he isn’t helping anyone in Missouri fight Obamacare.
Militant conservative commented:
My have upheld obamacare,
But gave states an out.
archer52 commented:
This is one weapon the feds will have limited. But they’ll do it anyway and another lawsuit will work its way up to the SP.
Today’s lawyers now argue not whether it is right or wrong, good or bad, moral or amoral. They argue only whether it is legal or not. They don’t care about impact on society. That change came on during the sixties.
Roberts is right in one way. The government has a long history of taxing us into what they consider proper behavior. We’ve allowed them to do that for half a century. Heck, they tax us for gas guzzlers and give credits for buying a Prius. What is the difference LEGALLY between that and healthcare?
It is a good thing that the SP defined the mandate was what it truly was and not what the Government was trying to sell it as. That may allow certain challenges. I remember reading the oral arguments and how the government lawyer went back and forth between not a tax, is a tax, not a tax. They didn’t really know.
Roberts is also right in that it isn’t the Supreme Court’s job decide whether to allow a law to exist based on whether it was well written or badly written. That is the President’s job and Congress’s job- the people we vote in.
However, the dissent is correct morally. It is an unconstitutional law.
This is the “new way” lawyers are taught to see how the law works inside our society. They believe that the Rule of Law is godlike and the only thing that keeps our society together. In a way, because of their past actions that removed God and morality FROM our society, they are sadly correct.
Welcome to the secular world of progressives and what our founding father feared the most.
Louie the 14th thought he was smarter than the rest of his citizens too, until he wasn’t.
Bill Mitchell commented:
I’m telling you, this is BIG WIN for Republicans. This law now has no teeth. What good is a law if it cannot be enforced? States can simply just say “no” and no Obamacare.
Bill Mitchell commented:
I believe history will look back upon this as a brilliant political move by Roberts.
He just gave the White House and the Senate to Republicans.
Bill Mitchell commented:
Romney can run against Obama as a a HUGE tax hiker.
FurryGuy commented:
And the Feds can whack the States with the unlawful extra-constitutional power the Federal Government has over the States as was so visibly illustrated in the fallout over the SCOTUS ruling on Arizona’s SB1070. Despite the ruling that Arizona can still check for immigration status DHS has ruled they won’t cooperate with any status requests from Arizona law enforcement.
This tyrannical regime can just do what it wants to do despite what the law and the courts say.
lizzy84 commented:
@archer52 said–
Welcome to the secular world of progressives and what our founding father feared the most.
Amen.
God help America now because these boobs just sold us down the river.
Mekan commented:
Is Medicaid even needed at this point? Shouldn’t people on Medicaid be considered for the tax. What about all of those entities that were exempted? I thought a tax must be applied to all?
Carol-Christian Soldier commented:
seeing what is going on – AZ- re: that state’s rights-
I’ll hold out on the ‘atta’ boys’ re: the Supreme Justices up-holding the Constitutional mandates regarding the rights of the STATES!
C-CS
Redwine commented:
Rush has just accused the regime of a massive deception – a stealth tax. A massive, regressive tax. It was never a “mandate”, but rather a huge tax – the largest tax in history. And the SCOTUS (Roberts) bought into it. “Insurance premiums have just been called a tax. … There’s no limit here.”
workingclass artist commented:
Yeah….I think this is good for Romney & Republicans…Romney raised $100,000.00 an hour after the ruling. Consolidates conservatives on the fence.
The court forces congress to fight it out & the RGA has stated republican governors will ignore Obamacare till after the election.
Interesting day…Obama owns the biggest tax hike in history
Mekan commented:
Don’t you see it does not matter who we elect. This is the government machine and it will eat what it wants. Consider government to be the Blob and we are all out of extinguishers.
JoyO commented:
If Obama wins in 2012, how long will it take him to nullify this ruling via an EO? We must defeat him and as many other Democrats as possible in November!
Sarah commented:
Grasping at straws. It means nothing. The left got a big win today. Which means we all are going to have to work that much hard from now to election day to make sure we win back the WH, win a majority in the Senate, and hang onto or better yet grow our numbers in the House. Pure and simple. We must all ask ourselves: What am I doing each and every day to help make that happen?
Mike Harlow commented:
Liberalism is the religion of hate, and has deeply divided this country across the lines of gender, race, income, and anything else. So they will get exactly that from me. I hate every liberal walking the face of this earth, and before helping anyone, I will first ask them their ideology. If the are liberal, too bad, I’m not helping, get the government to help. I already paid for it!
Jayne on Left Coast commented:
I live in CA. Gov. Moonbeam/the bald wizard will, of course be overjoyed.
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