IDEK any more

Jun 28, 2012 10:41

About half an hour ago I commented on a federal appeals decision in Maryland to one of my friends. (“To be sure, Montgomery County is entitled to believe that pregnancy is first and foremost a medical condition, but it may not compel unwilling speakers to express that view,” Niemeyer wrote.) "Since when is pregnancy not a medical condition? Is it opposite day?" I queried sarcastically.

Well apparently it IS opposite day, because the Supreme Court just upheld the Affordable Care Act, but Kennedy voted with the conservative wing and Roberts voted with the liberal wing. Opposite day! Still waiting for the text of the opinion, but I'm watching the liveblog on SCOTUSblog and here are the major points:
  1. The Act would be invalid under the commerce clause, according to the justices. But it's saved because the majority agrees that the individual mandate is essentially a tax which Congress is empowered to impose.
  2. The federal government can't remove existing funds from states to punish them for not expanding the Medicaid program. But it CAN offer extra funds and require that states coply with their rules in order to to get the additional funding.

Here's the full opinion, I'm off to read it now. Then I'm going to go watch the internet explode.

supreme court, health care reform, health insurance

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