William Hamilton: The Supremes, ObamaCare is now ObamaTax
Making the recent 193-page Supreme Court ruling on ObamaCare exciting to readers is a daunting task; however, here goes: Imagine that the conservative Justices Alito, Scalia, Thomas, Roberts, along with swing Justice Anthony Kennedy, saw ObamaCare as a virus threatening the Tree of Individual Liberty.
But, instead of using an all-out attack that would kill the ObamaCare virus outright, the five conservatives decided to merely cripple ObamaCare, keeping it on the statute books to serve as the “host” for three important judicial precedents designed to rein in the powers of the U.S. Government and to preserve the rights of the individual states.
The five conservatives rope-a-doped the liberal Justices Breyer, Ginsberg, Kagan, and Sotomajor into joining them in a 9-0 ruling that ObamaCare is unconstitutional under the Commerce Clause and also in a 9-0 ruling that the ObamaCare is unconstitutional under the “necessary and proper” clause.
But wait. There’s more. The conservatives got the Court to rule 7-2 that Mr. Obama cannot withhold federal funding from states that can’t afford to expand their Medicaid Programs as much as Mr. Obama wants. In all, the Supreme Court made three major rulings that combine to retard the trend toward bigger and more intrusive government that began under the Democrat President Woodrow Wilson and accelerated under the Democrat President Franklin D. Roosevelt.
Chief Justice Roberts talked the liberal Justices Breyer, Ginsberg, Kagan, and Sotomajor into calling ObamaCare a TAX. In a flash, ObamaCare became ObamaTax. (Congress has always had the power and does levy taxes per Article I, Section 8 of the original U.S. Constitution.)
Wait. There’s even more: because, in 2009, the Democrat-controlled U.S. Senate passed ObamaTax under Reconciliation Rules requiring only a simple majority, a simple GOP majority in the Senate would repeal ObamaTax in New-York minute.
In essence, Chief Justice Roberts wrote that if Americans want to get rid of what Americans perceive as bad law, then Americans will have to vote out of office those elected officials who enacted the bad law. The Court won’t do the voters‚ work for them.
The nonpartisan Congressional Budget Office says ObamaTax will impose an estimate $813 billion in new taxes on people making $125,000 or less, making ObamaTax the largest tax increase on the Middle Class and the poor in American history. ObamaTax won’t bother the rich who can simply pay cash for everything. The Heritage Foundation predicts the net result of ObamaTax will be fewer people with health insurance, Medicare reduced by $500 billion, and the overall cost of health services for everyone will skyrocket.
Anticipating ObamaTax, many employers are already dropping employee health coverage and plan to pay the ObamaTax instead. Seventy-four percent of small businesses are telling the U.S. Chamber of Commerce that ObamaTax will make job creation even more difficult than it is now.
Even Obama appointee, Charles Blahouse of George Mason University, admits ObamaTax will add $1,160 billion to federal spending over ten years and will add $340 billion to the federal deficit. Will the voters, as Chief Justice Roberts suggests, remove the elected officials who enact bad laws? On November 6, we will find out.
Nationally syndicated columnist, William Hamilton, was educated at the University of Oklahoma, the George Washington University, the U.S Naval War College, the University of Nebraska, and Harvard University.
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