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Supreme Court Rules on the Affordable Care Act
On Thursday morning the United State Supreme Court ruled on the constitutionality of the Affordable Care Act. In the ruling, the court decided on a 5-4 vote, than an individual mandate requiring people to purchase health insurance is impermissible under the Constitution's commerce clause, but it is however, valid as a tax.
Chief Justice John Roberts wrote in the majority opinion:
"The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax."
The four dissenting Justices (Scalia, Kennedy, Alito and Thomas) took exception with this conclusion in their dissent:
We have no doubt that Congress knew precisely what it was doing when it rejected an earlier version of this legislation that imposed a tax instead of a requirement-with-penalty. See Affordable Health Care for America Act, H. R. 3962, 111th Cong., 1st Sess., §501 (2009); America's Healthy FutureAct of 2009, S. 1796, 111th Cong., 1st Sess., §1301. Imposing a tax through judicial legislation inverts the constitutional scheme, and places the power to tax in the branch of government least accountable to the citizenry.
Governor Scott Walker released a statement following the ruling stating that he was still opposed to "ObamaCare" and that Wisconsin would not take any further steps to implement the law until after the November elections are decided.
"Wisconsin will not take any action to implement ObamaCare. I am hopeful that political changes in Washington D.C. later this year ultimately end the implementation of this law at the federal level.
If there is no political remedy from Washington and the law moves forward, it would require the majority of people in Wisconsin to pay more money for less healthcare. Additionally, it would increase the size and cost of government, decrease the quality of healthcare and, in our state, reduce access for those truly in need of assistance." Source
Senate Democratic Leader Mark Miller (D-Monona) countered that since the Supreme Court upheld the Affordable Care Act, Wisconsin should move forward.
"Now that we know this is the law of the land, it is time for our state to put together a health care exchange. It's unfortunate that so far Governor Walker has said he will not immediately start planning for a Wisconsin health care exchange. I am hopeful he will change his mind and start working with the legislature soon on a plan." Source
One of the provisions of the health care law that Sen. Miller referenced in his statement which has a 2012 implementation deadline is whether or not Wisconsin will indicate to the Secretary of US Health & Human Services that it will operate an American Health Benefit Exchange. The deadline to notify HHS is November 16, 2012. (Election Day is Nov. 6, 2012).
The Supreme Court ruling ensures that without presidential or legislative intervention, the ACA will continue to be implemented and states will be required to comply with timelines to comply with those provisions. The Kaiser Family Foundation has a good interactive implementation timeline that highlights key provisions of the health care law and when and how they will be implemented. That link can be found here.
In addition to Governor Walker and Sen. Miller, nearly 100 lawmakers, candidates and organizations released statements reacting to the Supreme Court decision. Below please find a link to a pared down but representative compilation of these quotes from lawmakers, candidates and organizations.
Reaction to SCOTUS ruling
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