High Court Is Taxing US Patients on ObamaCare


US Supreme Court building

CHRISTIAN  NEWS: SOURCE. By Tony Perkins, FRC. June 28, 2012. President Obama promised to fundamentally transform America–and with the help of the U.S. Supreme Court, he has. In a scenario that few dreamed possible just two months ago, five justices–led by Chief Justice John Roberts–shocked the nation by ruling the President’s health care law and its mandates constitutional. The obvious implication is catastrophic. Our country is now 18 months away from ObamaCare’s freedom-crushing, conscience-violating, abortion-funding reality.

Worse, the Court has profoundly changed the relationship between the American people and their elected officials. “Uncle Sam can make you buy anything,” FRC’s Ken Klukowski explains, “at any price, for any reason.” By recasting the mandate as a “tax,” the justices have granted Congress unlimited authority to use the IRS to control every aspect of Americans’ lives. “Unless something is protected by a specific provision in the Bill of Rights (like free speech or the right to own a gun), the national government could control it.” From now on, the only meaningful limit to the government’s power is not the Constitution–but what voters are willing to allow through their representatives. “The practical import of this,” Ken explained, “is that Congress can reach anything it wants if it’s willing to attach a tax penalty for you not doing it, then the whole thing gets roped in under the taxing clause of the Constitution. This case on ObamaCare now elevates the taxing clause over the commerce clause and is the single greatest grant of power to the national government in the U.S. Constitution.”

The law is now President Obama’s to own–along with the lies he used to justify it. “This is absolutely not a tax increase,” he argued in 2009. Of course, the irony is that Congress would have never passed the ObamaCare bill if it had been presented as one. Then, there was the President’s insistence that “No federal dollars will be used to fund abortions, and federal conscience laws will remain in place.” Today, several pro-life and religious freedom injustices now stand with the Court’s blessing, including the abortion subsidies and funding scheme, the contraception-abortion drug mandate, and rationing board.

Fortunately, the American people are not alone in their disappointment. There are still hundreds of conservatives on Capitol Hill who are determined to spare the nation from the devastation of ObamaCare. If anything, this will ignite an even bigger fire. As Sen. Mitch McConnell (R-Ky.) said, “The court’s ruling doesn’t mark the end of a debate. It marks a fresh start on the road to repeal. That’s been our goal from the start. That’s our goal now. And we plan to achieve it. The President has done nothing to address the problems of cost, care, and access. We will.” Fortunately, House Minority Leader Eric Cantor (R-Va.) seems to share Justice Anthony Kennedy’s opinion that “the entire Act before us is invalid in its entirety.” His chamber is moving to strike on the week of July 11 with another vote to repeal the President’s wildly unpopular plan.

In the meantime, Chief Justice Roberts, whose defection ultimately delivered the victory for ObamaCare, said, “We do not consider whether the Act embodies sound policies. That judgment is entrusted to the nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions.” “The court does not express any opinion on the wisdom of the [healthcare law]… that is reserved to the people. It is not our role to forbid it, or to pass upon its wisdom or fairness.”

While his vote was shocking and his reasoning suspect, Justice Roberts is not the reason America is in this mess. Congress and President Obama are. That means the real remedy is not at the courthouse door but in ballot booths across the country. Instead of looking to the court to solve the problem, American needs to look in the mirror. Our nation is getting the government it voted for. We elected the men and women who enacted this law–and if the court won’t repeal it, then we must. FRC has been at the forefront of this debate for more than three years. And the forefront is where we will remain, educating and registering voters, until America’s real judgment day: November 6.

For more on the ruling, check out my video response below. Also, tune in for some in-depth analysis from Ken Klukowski, who authored all of FRC’s health care briefs–including the one that Judge Roger Vinson cited to strike down ObamaCare in the lower court. To read his brand new column, “One of the Worst Supreme Court Decisions in American History,” on Breitbart, click here

ObamaCare, Chief Justice Roberts, SCOTUS, Congress, Mitch McConnell, IRS, FRC

Related Sources on ObamaCare:


ObamaCare ruling sets new precedent for taxes


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