WASHINGTON — Chief Justice John Roberts could have taken down the entire, massive health care law that his fellow Republicans deride as “Obamacare.” He could have prevented the Supreme Court decision that largely disabled the most disputed aspects of Arizona’s crackdown on illegal immigrants.
He didn’t do either, and in the process surprised (or dismayed) longtime court observers of every political stripe.
Those two outcomes in the finals days of his seventh year on the court offer some clues for reassessing what kind of chief justice Roberts is and intends to be. Is he no longer the rock-ribbed conservative loved by supporters and jeered by opponents? Has he become a pragmatic leader mindful of the court’s place in history? Is he more canny, but still solidly conservative?
The measure of a justice is best taken after decades of service, rather than a few years. At age 57, Roberts could lead the court for another quarter-century.
But at the very least, the end of the Roberts Court’s most consequential term already is leading to revised, and in some cases more nuanced, appraisals of his leadership.
Erwin Chemerinsky, a liberal scholar who is dean of the law school at the University of California at Irvine, announced that the era of the Roberts Court had begun. “He authored the opinion in the most important case in his seven years on the court, and did so against what was expected,” Chemerinsky said.
In truth, Roberts’ vote to uphold President Barack Obama’s health care law was not so much a surprise.
He long had been counted among the possible votes to uphold the law. But it was widely assumed that if Roberts ultimately voted for it, so too would Anthony Kennedy, most often the decisive vote in closely fought cases. It was only the second time in his tenure that Roberts provided the deciding vote for the side favored by the court’s liberals.
Up until now, it had been the Kennedy Court, Chemerinsky said, “This year, it was the Roberts Court.”
Had Roberts gone the other way, the court would have wiped away the entire health care overhaul, which is the outcome embraced by dissenting Justices Samuel Alito, Antonin Scalia, Clarence Thomas and Kennedy.
Instead, he said the individual insurance requirement at the heart of the law could be upheld as a tax. At the same time, he rejected administration arguments that the mandate was justified by the Constitution’s clause giving Congress power over interstate commerce, which has been the authority for most federal programs since the New Deal.
Some legal scholars suggest Roberts produced an essentially conservative opinion with a liberal outcome.
Neal Katyal, the former acting solicitor general who argued the Obama administration’s side in the health care cases in several appeals courts, said that Roberts’ majority opinion opened the door to potentially important changes in the law that could restrict federal power as it has been understood since the New Deal.
Ilya Somin, a George Mason University law professor, said on the Volokh Conspiracy legal blog that the health care case “gives supporters of limits on federal power some useful ammunition, despite also dealing us a painful defeat.”
In addition, Roberts’ ruling has helped refocus the public debate over the law and gave Republican opponents ammunition for calling it a big tax increase they would try to repeal.
Just three days earlier, Roberts, joined by Kennedy this time, sided with three liberal justices in the Arizona immigration case. Justice Elena Kagan, one of the court’s liberals, did not take part because of her previous involvement as solicitor general, when she was the Obama administration’s top Supreme Court lawyer.
Roberts joined in every word of Kennedy’s majority opinion that struck down three contentious provisions of the law, but allowed one to go forward – the requirement that police check the immigration status of people they stop for other reasons.
Roberts could have sided with the conservatives who favored allowing other provisions to take effect, but that would have left the court divided 4-4, a distasteful outcome because it amounts to a waste of the justices’ time.
What’s more, Roberts might have reasoned that Kagan probably would side with the other liberal justices and Kennedy in some future immigration case over similar state laws that she could take part in. Such a case down the road probably would produce an outcome similar to what the court achieved last week in the Arizona case. But if Roberts stuck with the conservative justices, that scenario would have deprived him of a chance to try to influence the majority opinion.
Yet as the court followed its usual practice of issuing a torrent of opinions just days before the justices scatter for the summer, Roberts did not exactly abandon his frequent allies on the right.
He wrote a sharp dissent from Kagan’s majority opinion barring mandatory sentences of life without possibility of parole for people younger than 18. The chief justice and the other conservatives rebuffed pleas from supporters of campaign spending limits and from liberal justices to take a fresh look at the 2-year-old Citizens United decision, perhaps the most politically unpopular decision of Roberts’ tenure.
The court struck down Montana’s limits on corporate campaign spending because the majority, including Roberts, said the state law conflicted with the Citizens United decision.
Montana Attorney General Steve Bullock called the court just “another political body.” Liberal groups bemoaned the loss of a chance to carve out state exceptions to the Citizens United ruling that unleashed a tidal wave of big money contributions during this election year.
Roberts has called for consensus in judicial decisions since he arrived at the court in September 2005. He has advocated judicial modesty, though his critics insist he himself cast that aspiration aside in Citizens United and other high-profile cases involving abortion rights, race and gun rights.
Other predictions of furious discord among the ideologically divided justices in big cases were sometimes proved wrong. The justices avoided a major confrontation over the landmark civil-rights-era Voting Rights Act in an 8-1 decision that resolved the case without reaching disputed constitutional issues.
When the court heard a dispute over congressional redistricting maps in Texas that essentially pitted Republicans against Latinos and African-Americans who argued for greater representation, the court seemed headed for its typical conservative-liberal split. Instead, 11 days after hearing arguments, the court returned a consensus, unsigned opinion that gave both sides some of what they wanted.
Paul Clement, who argued the health care, immigration and redistricting cases, said the Texas case was a remarkable accomplishment for Roberts. “It was not foreordained as a unanimous decision. One has to assume it was largely due to the leadership of the chief justice,” Clement said.
The court already has agreed to hear a challenge to the University of Texas’ affirmative action program. A new case involving the Voting Rights Act and challenges to restrictions on gay marriage are close behind.
Roberts has voiced serious reservations about racial preferences in government programs. In 2007, he declared in ruling against public school system programs to promote integration that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
Ben Wittes, a legal scholar at the Brookings Institution think tank in Washington, cautioned against grand re-evaluations of Roberts because of the health care case.
“Roberts is, to be sure, no shrinking violet about ideologically divided opinions when, in his view, the law compels them, but he apparently has a more flexible view than do his conservative colleagues concerning the difference for constitutional purposes between a penalty and a tax,” Wittes said. “In other words, don’t be too surprised if Roberts next terms looks like a conservative again. He actually did not stray very far from where the other four conservatives ended up in this case – just over a consequential line.”
Roberts repeated his desire to have the court adhere to judicial modesty Thursday at the start of his health care opinion.
“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,” he wrote.
Thursday’s dissenters accused Roberts of “vast judicial overreaching.” Several years ago, Justice Stephen Breyer said of Roberts and the other conservatives at the end of an especially contentious term with an unusually high number of 5-4 decisions that “never have so few done so much” in so little time.
Roberts has been mocked for comparing a justice to a baseball umpire calling balls and strikes.
But umpires often take it as a compliment when both teams are griping about their rulings.
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Nancy Pelosi
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Speaker John Boehner
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Jerrold Nadler
“Today, in upholding the Affordable Care Act, the Supreme Court has shown that, even at a time when Washington seems to have reached a new level of dysfunction, there remains a respect for the rule of law, for precedent, and for the ability of Congress to legislate on matters that affect the American people,” Rep. Jerrold Nadler (D-N.Y.) said in a statement.
“By not caving in to the most craven political calls, it appears the Court has stood by more than 70 years of legal precedent to ensure that: some 32 million Americans will have access to health insurance; we stop the unnecessary deaths of 42,000 Americans annually who die simply because they lack health insurance; insurers can no longer deny a child health care because of pre-existing conditions; millions of young adults receive coverage on their parents’ plans until age 26; insurers can no longer impose lifetime limits on coverage; millions of Americans receive free preventive care; and, seniors save billions of dollars on prescription drugs.
“The Affordable Care Act will now assume its rightful place, along with Social Security and Medicare, as powerful testimony to what our nation can achieve to benefit the lives of all Americans. Today’s decision will, I truly hope, put to rest the partisan attacks from the Right against the law and many of its provisions. Republicans have threatened to continue their attempts to repeal these provisions, but let us all hope that they will respect the Court’s ruling and put the health and wellbeing of the American people ahead of insurance companies.”
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Mitch McConnell
“Today’s decision makes one thing clear: Congress must act to repeal this misguided law,” said Sen. Republican Leader Mitch McConnell. “Obamacare has not only limited choices and increased health care costs for American families, it has made it harder for American businesses to hire. Today’s decision does nothing to diminish the fact that Obamacare’s mandates, tax hikes, and Medicare cuts should be repealed and replaced with common sense reforms that lower costs and that the American people actually want. It is my hope that with new leadership in the White House and Senate, we can enact these step-by-step solutions and prevent further damage from this terrible law.”
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Virginia Gov. Bob McDonnell (R)
Republican Governors Association Chairman Bob McDonnell issued the following statement regarding the Supreme Court’s decision to uphold the Patient Protection and Affordable Care Act:
“Today’s ruling crystallizes all that’s at stake in November’s election. The only way to stop Barack Obama’s budget-busting health care takeover is by electing a new president.
Barack Obama’s health care takeover encapsulates his Presidency: Obamacare increases taxes, grows the size of government and puts bureaucrats over patients while doing nothing to improve the economy.
It’s never been more important that we elect a President who understands the marketplace and will make job creation his top priority. By replacing Barack Obama with Mitt Romney, we will not only stop the federal government’s healthcare takeover, but will also take a giant step towards a full economic recovery.”
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Sen. Tom Coburn (R-Okla.)
“Dr. Coburn will be reviewing the ruling and will respond with an updated plan to repeal and replace this unworkable law. The Court affirmed Congress’ power to tax people if they don’t eat their broccoli. Now it’s up to the American people to decide whether they will tolerate this obscene abuse of individual liberty,” said John Hart, a spokesman for Sen. Coburn.
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RNC Chair Reince Preibus
“Today’s Supreme Court decision sets the stakes for the November election. Now, the only way to save the country from ObamaCare’s budget-busting government takeover of health care is to elect a new president,” said RNC Chairman Reince Priebus.
“Under President Obama’s signature legislation, health care costs continue to skyrocket, and up to 20 million Americans could lose their employer-based coverage. A panel of unelected bureaucrats now has the unprecedented authority to come between elderly patients and their doctors. Meanwhile, the rules and regulations placed on job creators and small businesses make it nearly impossible to hire new workers at a time when Americans desperately need jobs.
“We need market-based solutions that give patients more choice, not less. The answer to rising health care costs is not, and will never be, Big Government.
“We must elect a president who understands the economy, respects free enterprise, and can provide the leadership we now so desperately need. On Election Day, we must elect Mitt Romney and put America on the path toward a brighter economic future and successful health care reform.”
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Chellie Pingree
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Pete Hoekstra
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Tom Rooney
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Rep. W Todd Akin
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Rep.George Miller
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LEETERRYNE
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Ari Fleischer
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Brian Walsh
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Eric Schneiderman
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Marco Rubio
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Rep. Keith Ellison
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Sarah Palin
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Gov. Bobby Jindal
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John Dingell
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Gov.Robert Bentley
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Ben Quayle
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Eric Cantor
Today, House Majority Leader Eric Cantor (R-VA) released the following statement on the Supreme Court ruling on the President’s health care law:
“The Supreme Court’s decision to uphold ObamaCare is a crushing blow to patients throughout the country. ObamaCare has failed to keep the President’s basic promise of allowing those who like their health care to keep it, while increasing costs and reducing access to quality care for patients. In this tough economy, jobs and economic growth are on the minds of most Americans, but ObamaCare has increased uncertainty for small businessmen and women and forced them to put their hiring decisions on hold.
“During the week of July 9th, the House will once again repeal ObamaCare, clearing the way for patient-centered reforms that lower costs and increase choice. We support an approach that offers simpler, more affordable and more accessible health care that allows people to keep the health care that they like.
“The Court’s decision brings into focus the choice the American people have about the direction of our country. The President and his party believe in massive government intrusions that increase costs and take decisions away from patients. In contrast, Republicans believe in patient-centered, affordable care where health care decisions are made by patients, their families and their doctors, not by the federal government.”
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Steny Hoyer
House Democratic Whip Steny H. Hoyer (MD) released the following statement today after the Supreme Court’s decision on the Affordable Care Act:
“Our highest court has weighed in, and its decision to uphold the Patient Protection and Affordable Care Act is a victory for all Americans who have ever worried about being able to access or afford the care they need. Democrats are proud to have worked hard to pass this landmark legislation in 2010 and of our efforts to make sure it is implemented in a way that continues to yield new benefits for patients, employers, and care providers.
“The Affordable Care Act made it illegal for insurance companies to discriminate against patients on the basis of pre-existing conditions, allowed young people to remain on their parents’ plans until age 26, and prohibited insurance companies from charging women higher premiums than men. The Medicare Part D ‘donut hole’ is closing, and seniors on Medicare now have access to free preventive services like mammograms and colonoscopies. Moreover, the Affordable Care Act provides deficit savings of more than $1 trillion over the next two decades. The Affordable Care Act further brought peace of mind to the 30 million uninsured Americans who will finally be able to access affordable coverage once the law is fully implemented.
“Republicans have been trying to repeal the Affordable Care Act since the day it was enacted, and they have been eagerly awaiting today’s ruling. But they must now accept that the Affordable Care Act will remain in place and that the time for litigation and partisan posturing on this issue ought to come to an end. Republicans now have a responsibility to work with Democrats to implement the Affordable Care Act, and I call on them to do so in order to make care affordable and accessible to Americans.”
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Tim Kaine
Following the Supreme Court’s decision affirming the constitutionality of the Affordable Care Act, former Governor and U.S. Senate candidate Tim Kaine today released the following statement:
“The Affordable Care Act is an important first step in curbing discriminatory insurance company practices and increasing access to health care, but more needs to be done to bring down costs. Our government, businesses, and citizens cannot continue to spend more than any other nation on health care while getting second-rate results. As Senator, I am committed to working with all stakeholders to find additional improvements to the Affordable Care Act that give all Americans affordable access to high quality services.
“While there is more work to do, it is worth noting what has already been accomplished under the Affordable Care Act. Nearly 63,000 more young people in Virginia have health coverage, more than 800,000 Virginia seniors have received free preventive care, millions of small businesses are now eligible for tax credits, and twenty million American women have access to cancer screenings and contraception without co-pays. And we’ve put an end to the egregious abuses by insurance companies that denied coverage to children with preexisting conditions, charged women higher premiums for the same coverage, and dropped folks when they got sick.
“My opponent regularly calls for a full repeal of this law, despite the positive results it’s already delivering for Virginia. In the decade encompassing George Allen’s six years as a U.S. Senator, the average insurance premium for families more than doubled and over 12 million more Americans were uninsured. Clearly, inaction was not a solution, and neither are continued calls for repeal. Instead we must work together to strengthen this existing program and improve cost controls.”
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Orrin Hatch
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Senator Jeff Merkley
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Sen. Robert Menendez
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Rep. Nancy Pelosi
“In passing health reform, we made history for our nation and progress for the American people. We completed the unfinished business of our society and strengthened the character of our country. We ensured health care would be a right for all, not a privilege for the few. Today, the Supreme Court affirmed our progress and protected that right, securing a future of health and economic security for the middle class and for every American.”
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Rep. Marcia Fudge
“This is a victory for all Americans. In my district alone an estimated 7,000 children with pre-existing health conditions can no longer be denied coverage by health insurers; thousands of seniors will receive Medicare preventive services with no out-of-pocket co-pays or deductibles; thousands of seniors on Medicare will receive an average discount of $490 per person on the cost of prescription drugs. Now, 470 small businesses in the district will have the opportunity to receive tax credits to help maintain or expand health care coverage for their employees, insurance companies can be banned from establishing lifetime coverage limits for 160,000 residents, and $4 million in public health grants will make their way to community health centers, hospitals and doctors to improve the community’s health.”
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Rep. John Boehner
“The president’s health care law is hurting our economy by driving up health costs and making it harder for small businesses to hire. Today’s ruling underscores the urgency of repealing this harmful law in its entirety. What Americans want is a common-sense, step-by-step approach to health care reform that will protect Americans’ access to the care they need, from the doctor they choose, at a lower cost. Republicans stand ready to work with a president who will listen to the people and will not repeat the mistakes that gave our country ObamaCare.”
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Rep. Peter Welch
“Amidst the contentious national health care debate over the last two years, there has been widespread consensus on one thing: America’s health care system is broken. The only beneficiaries of the status quo are insurance companies and their executives. Working families need the peace of mind and that comes with quality and affordable health care coverage. And businesses need to compete in a global economy without the heavy burden of skyrocketing employee health care premiums.
With this landmark decision now behind us, both parties should set political differences aside and make this law work for the American people. It won’t be easy, but it’s time to get back to work.”
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Ken Cuccinelli
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John Thune
“Prior to the passage of ObamaCare, Speaker Pelosi infamously said Congress had to pass the bill to ‘find out what is in it,’ and two years later Americans now know that ObamaCare is making things worse,” said Sen. John Thune (R-S.D.). “Worker health insurance costs have gone up 17 percent, family premiums have increased by $1,700, and small businesses and individuals throughout the country now face costly mandates and taxes.
“While today’s decision is disappointing, Congressional Republicans will not rest until ObamaCare is fully repealed. Rather than jam a nearly 3,000-page bill through Congress using political favors and backroom deals, as was the case with ObamaCare, Congressional Republicans are committed to working across the aisle in a step-by-step manner to improve and expand access to health care, while reducing costs for Americans.”
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Newt Gingrich
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Barbara Boxer
“The Supreme Court’s ruling is a victory for America’s families, who deserve affordable health care,” said Sen. Barbara Boxer (D-Calif.) “The decision is great news for the millions of Californians who have already seen the benefits of this law – including the six million who now have access to free preventive health services, 355,000 young adults who now have coverage on their parents’ health plans and 320,000 seniors who have received help in paying for their prescription drugs.
“Now Americans will have the certainty of knowing they won’t be denied coverage because of a preexisting condition. Women won’t be charged a higher premium because of their gender. And families struggling with serious illnesses will not face lifetime limits on coverage.
“We will continue to fight Republican efforts to repeal these important health benefits while we work to make sure every American has access to quality, affordable health care.”
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Scott Walker
“I continue to oppose ObamaCare,” said Wisconsin Gov. Scott Walker. “One of my first acts as Governor was to authorize Attorney General J.B. Van Hollen to add Wisconsin to the federal lawsuit opposing ObamaCare. 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.”
The federal government should not tell individuals and families what to do with healthcare. The alternative is more transparency and a more active role by consumers, so we can truly control costs.
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Rand Paul
“Just because a couple people on the Supreme Court declare something to be ‘constitutional’ does not make it so,” said Sen. Rand Paul (R-Ky.) “The whole thing remains unconstitutional. While the court may have erroneously come to the conclusion that the law is allowable, it certainly does nothing to make this mandate or government takeover of our health care right.”
“Obamacare is wrong for Americans. It will destroy our health care system. This now means we fight every hour, every day until November to elect a new President and a new Senate to repeal Obamacare,” Paul continued.
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Allen West
“The United States Supreme Court has ruled to uphold the Patient Protection and Affordable Care Act by extending the power of the United States Congress to tax Americans’ behavior,” said Rep. Allen West (R-Fla). “This is a sad day for Americans, as they will be taxed to pay for benefits they may not need or want as part of the insurance they are forced to buy. With this decision, Congress has been granted infinite taxation power, and there are no longer any limits on what the federal government can tax its citizens to do.
“The Patient Protection and Affordable Care Act will hit the middle class especially hard, as hundreds of thousands of jobs will be lost as businesses try to avoid the penalties and costs created by the healthcare law. The healthcare law will cost trillions of dollars, raise costs for employers and create huge incentives for them to drop health insurance.
“Benjamin Franklin did indeed state, ‘In this world, nothing can be said to be certain, except death and taxes.’However, Dr. Franklin never envisioned the federal government would use its power of taxation to punish people for not purchasing health care. Today, individual sovereignty in America has been defeated.”
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Dennis Kucinich
“Today’s ruling demonstrates that health care is not the third rail in American politics. It demonstrates that reform is possible. It demonstrates that Medicare for All is inevitable,” said Rep. Dennis Kucinich (D-Oh.)
“The Affordable Care Act provided health care to those most vulnerable among us – those of the lowest income – by expanding Medicaid, a health insurance program for low-income Americans. It provided much-needed benefits.
“In today’s ruling, the Supreme Court held that states have the power to reject that expansion and maintain the status quo. That means that in states in which the governor decides not to prioritize providing health care to the poor, even though the federal government is paying for the vast majority of the expansion, the poor can be left out in the cold.
“Today is an important day for millions of Americans who will not be denied benefits under the Affordable Care Act. But this is not the end of the conversation. Medicare for All is the solution America needs to stop the ever-rising costs of health care and provide full coverage for everyone. I supported the Affordable Health Care Act as a step in the right direction, but it is only the first step in a long journey.
“States are not waiting for Congress to act. Vermont is moving forward on a single payer system, led by a push from small and medium-sized businesses who are getting crushed by health care costs. California has passed a Medicare for All system out of their legislature twice only to be vetoed by the Republican governor. Fourteen of the fifteen studies have showed that if a state went for a Medicare for All system, it would be cost neutral or save up to $19 billion per year while at the same time insuring everyone and improving the quality of care. Congress must help the states fulfill the will of their constituents,” said Kucinich.
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Frank Lautenberg
“On this day, history was made in America. This is a victory for the people, and makes clear that help is on the way for 30 million Americans who need access to affordable health insurance,” said Sen. Frank Lautenberg (D-NJ). “Middle class families are struggling to afford health insurance and Obamacare will throw them a lifeline. It is time for the Republicans to stop the politically inspired attacks and work with us to extend this law’s help to as many people as possible. With this ruling, Americans finally will have the peace of mind to know that their families will be taken care of when they get sick. President Obama has courageously stood up to false, political attacks, and his hard work was vindicated today.”
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Tim Johnson
“I applaud today’s Supreme Court decision to uphold the health care reform law,” said Sen. Tim Johnson (D-SD). “This is a huge win for South Dakotans and the nation. I have always believed health care reform was constitutional. Critically, the Supreme Court upheld the individual mandate.
“From kids to seniors, health care reform has made a positive difference in the lives of tens of thousands of South Dakotans. More than 9,000 young adults in South Dakota have been covered under their parent’s health insurance policies since the beginning of the year.
“Nearly 100,000 South Dakotans on Medicare received free preventive services like mammograms and colonoscopies as a result of health reform. Already this year, beneficiaries reaching the donut hole have saved an average of $690 on prescription drugs with the help of health reform.
“I look forward to continue working with members of both parties to reduce health care costs and increase health insurance coverage. The Supreme Court decision upholding the health care reform law gives us the foundation to do just that.”
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Jon Tester
“After my daughter was born, our family had to give up health insurance because we couldn’t afford it–a situation too many other Montana families have faced,” said Sen. Jon Tester (D-Mt.) “I’m pleased the Supreme Court has validated Congress’ work to ensure access to health care for all Montanans.
“Today’s ruling doesn’t mean this responsible, constitutional law can’t be improved. But it is an important step forward in the fight to fix a broken system and hold big insurance companies accountable to Montana families.
“Insurance companies will now continue to insure people who are sick or have pre-existing conditions–like being pregnant. Young people will stay on their parents’ health insurance plans. Seniors will continue paying less for prescription drugs. And 14,000 Montana veterans will now receive health insurance.”
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Tom Udall
“When Congress and President Obama first took up this issue, we knew it wouldn’t be easy,” said Sen. Tom Udall (D-NM). “The Supreme Court’s decision to uphold the Affordable Care Act is the best possible outcome for the American people. Today, quality, affordable health care is a major step closer to becoming a reality for millions of Americans who live one accident or diagnosis away from losing everything. For these families, health care is an economic matter with the very real consequences of life, death and bankruptcy. As a nation, and across New Mexico, we cannot afford to go back to just a short time ago when insurance coverage for all was further from reach, when children with cancer could be denied coverage, and when unemployed, recent college graduates would be kicked off their parents’ insurance by age 22.
“We can still improve upon the law we’ve put into place, but today, New Mexico has already received more than $200 million in grants and loans to establish an insurance exchange, strengthen community health centers, train new health professionals and so much more. Since passing the law, more than 26,000 young adults under 26-years-old in our state have been allowed to stay on their parents’ insurance plans. Almost 20,000 New Mexico seniors on Medicare received a rebate to help cover prescription costs when they hit the donut hole in 2010. And 285,000 New Mexicans with private health insurance no longer have to pay a deductible or copayment for preventive care like physicals, cancer screenings and vaccinations. More is yet to come.
“Today’s decision marks another turning point in our country’s approach to health care equality. Now’s the time to put aside partisanship and work together to make our health care policy even stronger.”
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Kirsten Gillibrand
“I am pleased the Supreme Court reaffirmed the hard fought progress that was made to ensure that no one can be denied coverage for a pre-existing condition, being a woman will no longer be a pre-existing condition, young adults will be covered, prescription drug costs for seniors will be reduced, preventive care including life-saving mammograms will be accessible and that insurance companies can’t cancel their coverage when you get sick,” said Sen. Kirsten Gillibrand (D-NY). “It is time to get beyond scoring political points and get back to finding common core values and passing legislation that will help grow our economy and get more people back to work.”
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Jim DeMint
“The Supreme Court may have failed to stop this government takeover of health care, but the American people will not,” said Sen. Jim DeMint (R-SC). “Since the day this law was rammed through Congress, the American people have demanded repeal, and today’s ruling doesn’t make Obamacare any less dangerous to our nation’s health. Freedom-loving Americans are disappointed, but we cannot be discouraged.
“The President’s health care law must be fully repealed as all of its promises have proven false. We were told it was not a tax hike, but this ruling confirms it is an unprecedented and enormous tax on the poor and middle class Americans. President Obama needs to explain why he is enacting this middle class tax hike over the objections of the American people during the worst economic recovery since the Great Depression.
“We were told it would lower health costs, but health care premiums are exploding. We were told that Americans could keep their personal health plans, but millions will now lose it. We were told it would improve our economy, but it is now the largest obstacle to employers hiring new workers.
“This government takeover of health care remains as destructive, unsustainable, and unconstitutional as it was the day it was passed, unread, by a since-fired congressional majority. Now as then, our first step toward real health care reform and economic renewal remains Obamacare’s full repeal, down to the last letter and punctuation mark.
“I urge every governor to stop implementing the health care exchanges that would help implement the harmful effects of this misguided law. Americans have loudly rejected this federal takeover of health care, and governors should join with the people and reject its implementation.”
“The President’s health care law will not reform anything, but is already undermining what does still work in America’s health care system. We cannot build a free market health care system on this flawed structure of centralized government control, we must repeal all of it and start over with commonsense solutions that make health care more affordable and accessible for every American. We can allow Americans to purchase lower cost plans from other states, support state high-risk pools to cover those with pre-existing conditions, medical-malpractice reform to end frivolous lawsuits, and tax equity so Americans who don’t get their health insurance from an employer are not penalized.”
“Today’s decision, however unfortunate, nonetheless represents an opportunity to all Americans, to claim their right to create a health care system of, for, and by the people, not government or special interests. The American people now have the chance and Congress has the responsibility to fully repeal this Washington takeover and reform health care ourselves, together, around the principles of individual liberty, not government mandates.
“The same freedom that made America strong and prosperous will make us healthier, too, so long as politicians remember that the health care system is supposed to serve our people, and not the other way around.”
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Ken Cuccinelli
“This is a dark day for the American people, the Constitution, and the rule of law,” said Virginia Attorney General and Republican gubernatorial candidate Ken Cuccinelli. “This is a dark day for American liberty.
“This decision goes against the very principle that America has a federal government of limited powers; a principle that the Founding Fathers clearly wrote into the Constitution, the supreme law of the land. The Constitution was meant to restrict the power of government precisely for the purpose of protecting your liberty and mine from the overreaching hand of the federal government.
“This unprecedented decision says that Congress has the authority to force citizens to buy private goods or face fines – a power it has never had in American history, and a power King George III and Parliament didn’t have over us when we were mere subjects of Great Britain. Since the federal government itself could never articulate to the court a constitutional limit to this power, Congress has gained an unlimited power to force citizens to buy anything.
“I am disappointed with the court’s ruling and with the unprecedented attack on American liberty the president and the previous Congress have created with this law.
“We are currently reading the decision and I will have more comment at the news conference at noon.”
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Sander Levin
“The winners today are the American people,” said Rep. Sander Levin (D-Mich). After nearly five decades – spanning eight presidents – we have succeeded in enacting comprehensive health care reform. Americans are already benefitting from the law’s provisions that prevent the worst insurance company abuses, expand preventive care, reduce prescription drug costs for seniors, and allow young adults to stay on their parents’ insurance.
“Now we can move forward and implement the law’s provisions that will expand coverage, and reform our overall system to reduce costs for middle class families. I urge my Republican colleagues to respect the opinion of the Court and end their misleading and partisan all-out assault on health care reform.”
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Justin Amash
“The Supreme Court missed an historic opportunity to rein in the federal government,” said Rep. Justin Amash (R-Mich). For decades, Congress has stretched the Constitution to authorize whatever new mandate it invents. Instead of acting as an impartial referee, the Court has been complicit in allowing Congress and the President to expand their power at the expense of state governments and the people.
“The Court’s decision green lights the continued expansion of the size and scope of the federal government. It also underscores the need to have congressmen who resist the impulse to aggrandize power in Washington. Now more than ever, Congress must commit itself to following the Constitution and limiting the federal government. We can begin to fulfill that commitment by repealing the President’s health care law in its entirety.”
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Chris Christie
“I’ve been clear from the very beginning that I do not believe a one-size-fits-all health care program works for the entire country and that each governor should have the ability to make decisions about what works best for their state,” said New Jersey Gov. Chris Christie (R). “Today’s Supreme Court decision is disappointing and I still believe this is the wrong approach for the people of New Jersey who should be able to make their own judgments about health care. Most importantly, the Supreme Court is confirming what we knew all along about this law – it is a tax on middle class Americans.”
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Kevin McCarthy
“From the moment ObamaCare was introduced, House Republicans and the American people have expressed concerns about the impacts it would have on the cost and quality of care, our economy and the national debt,” said House Majority Whip Kevin McCarthy (R-Calif). “One of the first votes of our new Majority was for the full repeal of ObamaCare; since then, the House has voted twenty-nine additional times to defund, dismantle or repeal it.
“The Court’s ruling makes one thing clear – it is up to Congress to act to repeal the impending health care tax increases on American families. That is why House Republicans will move forward to fully repeal ObamaCare in order to prevent further harm to our economy, job creation and the cost and quality of care. More than two years after its passage, healthcare costs have gone up and millions of Americans are at risk of losing their current coverage. The impact of pending tax hikes on hardworking families and small businesses, massive new debt-fueled spending and the proliferation of burdensome regulations is adding to the uncertainty that is already holding back economic growth and job creation. We need to make reforms to our health care system that will actually lower costs, protect American innovation and provide certainty to American families and small business owners – we cannot achieve this unless we have full repeal.”
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Rick Santorum
“Today’s outcome is the worst of all scenarios. Not only are our rights being taken away and Americans are being forced to do something we don’t want to do, but now we are being burdened with the biggest permanent tax increase in our nation’s history. This is a sad day.
“I believe so strongly that if we do not defeat President Obama this November and elect more conservatives in the House and Senate, our country’s future prosperity is at risk,” said Rick Santorum. “We saw the absolute disregard President Obama showed for the Supreme Court’s ruling on the Arizona immigration law, that I have no doubt that he sees today’s ruling in his favor as a mandate that he can now do whatever he chooses by any means possible.
“President Obama believes he is above the law, entitled to abusing his power to get what he wants, and willing to violate the constitution and the oath he was sworn to uphold. He has proven to be a very dangerous person to have this kind of power, and if he is not stopped this November, I am fearful that the make-up of this country as established by our founders will never be the same.”
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Steve Israel
“Today’s ruling isn’t a political victory for Democrats, it’s a victory for America’s middle class and seniors, and now House Republicans need to drop their partisan obstruction and move on,” said DCCC Chairman Steve Israel. “Insurance companies are not back in control of a patient’s care. Insurance companies can’t again deny coverage to people with asthma, cancer or heart disease, or block women from getting cancer screenings.
“Republicans have wasted the last 18 months on a misguided, partisan crusade to put insurance companies back in charge of health care, instead of getting the economy back on track and strengthening the middle class.
“Democrats will continue to fight Republicans’ wrong priorities: putting insurance companies back in charge of health care and drastically cutting Medicare, raising health care costs for seniors while protecting tax breaks for millionaires, Big Oil and corporations that ship jobs overseas.”
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Louise Slaughter
“I am very pleased that the Supreme Court has upheld the landmark Affordable Care Act,” said Rep. Louise Slaughter (D-NY). “I was proud to bring this bill to the floor of the House of Representatives as Chairwoman of the Rules Committee in 2009, and I continue to be proud of the ways in which the law has improved health care access for millions of Americans. We worked long and hard to protect Medicare’s guarantee of quality health care for our seniors and to make health care more affordable for American families. The ACA also ensures that being a woman is no longer a pre-existing condition and a justification for higher premiums.
“This groundbreaking legislation was never about politics – it was about saving lives and safeguarding the health and wellbeing of American families. I know that much work remains to be done but I am gratified to know that we are a step closer to ensuring that no American will live in fear of losing their home and everything they own because they or a member of their family is stricken by illness.”
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Lloyd Doggett
“This is a significant victory for every family and small business denied insurance or overcharged or mistreated by an insurer,” said Rep. Lloyd Doggett (D-Texas). “And it is a victory for seniors who gain better Medicare coverage. Now we must continue our struggle to overcome the naysayers and obstructionists to assure each family has access to a family doctor.”
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Chuck Schumer
“This decision preserves not only the health care law, but also the Supreme Court’s position as an institution above politics. Just as Speaker Boehner vowed not to spike the football if the law was overturned, Republicans should not carry on out of pique now that the law has been upheld,” said Sen. Chuck Schumer (D-NY). “Democrats remain willing to cooperate on potential improvements to the law, but now that all three branches of government have ratified this law, the time for quarreling over its validity is over. Congress must now return its full-time focus to the issue that matters most to the public, and that is jobs.”
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Mary Fallin
“Oklahomans have voiced their opposition to the federal health care bill from the very beginning, having approved a constitutional amendment to block the implementation of this bill in our state,” said Oklahoma Gov. Mary Fallin (R). “We believe that, rather than Big Government bureaucracy and one-size-fits-all solutions, the free-market principles of choice and competition are the best tools at our disposal to increase access to health care and reduce costs.
“I’m extremely disappointed and frustrated by the Supreme Court’s decision to uphold the federal health care law. President Obama’s health care policies will limit patients’ health care choices, reduce the quality of health care in the United States, and will cost the state of Oklahoma more than a half billion dollars in the process.
“Today’s decision highlights the importance of electing leaders who will work to repeal the federal health care law and replace it with meaningful reform focused on commonsense, market based changes.”
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Sam Brownback
“Stopping ObamaCare is now in the hands of the American people,” said Kansas Gov. Sam Brownback (R). “It begins with electing a new president this fall.”
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“I’m clearly disappointed in the outcome of this decision,” Rep. Michele Bachmann (R-Minn.) told HuffPost’s Greg Rosalsky. “This was unconstitutional. For Congress to compel the American people to purchase a product or service because they say so; there is no basis in the Constitution for Congress doing that to the American people. No basis, compelling Americans to spend their money to purchase a product or service. Now Congress, without any limitation whatsoever; they can force you to go out and buy Ikea. They can force you to go out and buy Solyndra products. They can force you to buy anything they want you to buy. That is, the founders would turn over in their graves if they heard this decision.”
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Fundraising email from GOP candidate for the Senate in Indiana, Richard Mourdock:
blockquoteThe Supreme Court’s momentous decision to uphold Obamacare cements the stakes for the 2012 elections. We need a conservative majority in the Senate to REPEAL IT!
I am ready for REPEAL. Are you?
The press is reporting that Joe Donnelly, Indiana’s Democratic Senate nominee, is “Not Running From” his unwavering support of Obamacare (Northwest Indiana Times, 5/20/12).
And why not? Donnelly has been Obamacare’s best friend. He was one of the deciding votes on the bill and has loudly trumpeted his support of the government health care takeover.
And now we know that Obama’s machine plans on paying him back with a blank check for his campaign – including $300,000+ for attack ads against me. Will you help me fight back by contributing $50 before Saturday’s federal fundraising deadline?
A lot of Americans wondered why Joe Donnelly – a member of the anti-Obamacare Stupak 12 – initially opposed the bill, but then became a deciding vote FOR Obamacare. I guess we know what he got – unwavering financial support from national Democrats. They are now 100% committed to making him a U.S. Senator and giving Harry Reid another loyal lieutenant.
That’s why we can’t let up. We are fighting against the entire Democratic machine that’s paying back Joe Donnelly for years of voting in lockstep with Obama.
And now the campaign finance deadline is coming up. Let’s show Democrats that we are ready for their negative attacks. Help us create a conservative majority in the U.S. Senate by donating $50 today.
Sincerely,
Richard
Richard Mourdock
Republican Candidate, US Senate (IN)/blockquote
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Chris Coons
“Today’s historic decision by the Supreme Court is an important moment for our country,” said Sen. Chris Coons (D-Del). “The people of Delaware today have renewed confidence that they cannot be denied health care coverage because of pre-existing conditions. That is a victory for the people of the United States.
“The Supreme Court has reaffirmed today its appropriate role in our constitutional order and continued its longstanding practice of deciding cases based on the law and not the prevailing politics of the day. Something as complex and important as health care reform should rise or fall based on an election, not a Court decision.
“The politics of health care reform have always paled in comparison to the people impacted by it. The good news is that every American will now beguaranteed the opportunity to buy health insurance, regardless of pre-existing conditions. Parents will be able to have their sons and daughters covered on their plans until they are 26. No American will be denied coverage because of a cap on lifetime benefits, and insurance companies will no longer be able toautomatically charge women higher premiums. Preventative care will come without a co-pay or deductible, and even if your employer doesn’t offer health insurance, you’ll be able to buy affordable health coverage. These are all very good things for our country and our communities.
“It is now time for the politics of health care reform — and the politicians who have tried to undo the progress our country has made — to move on. It has been considered, debated, signed into law, and now affirmed by the Supreme Court.”
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Martin O’Malley
“President Obama and Congress chose to pass the Affordable Care Act because the status quo was hurting our ability to create jobs, expand opportunity, and protect the health of our children and parents,” Maryland Gov. Martin O’Malley (D) said in a co-statement with Maryland Lt. Gov Anthony G. Brown.
“In upholding the Affordable Care Act, the U.S. Supreme Court chose to protect the lives of millions of Marylanders and millions of Americans. American businesses will be more competitive in the global economy with lower health care costs and a healthier workforce. Parents will be able to keep their children on their health care plans until age 26. Seniors will avoid the Medicare Donut Hole. And by 2014, no American will be denied health care coverage because of a pre-existing condition.
“Today’s decision gives considerable momentum to our health care reform efforts here in Maryland. What it does not – and indeed must not – do, is give us license to take our eye off the ball or slow our progress. Moms, dads, and kids throughout Maryland are counting on their elected leaders to continue the mission of lowering costs, and improving the quality of care.
“We remain as committed as ever to moving forward on behalf of our families. We must move forward, not back.”
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Harry Reid
Transcript of comments by Senate Majority Leader Harry Reid (D-Nev.) on the Senate Floor:
blockquoteMR. PRESIDENT, I’M HAPPY, I’M PLEASED TO SEE THE SUPREME COURT PUT THE RULE OF LAW AHEAD OF PARTISANSHIP AND RULED THAT THE AFFORDABLE CARE ACT IS CONSTITUTIONAL. NOW, MR. PRESIDENT, THIS IS A LONG OPINION, AND WE KNOW THAT WHEN WE COME BACK HERE AFTER THE ELECTIONS, THERE MAY BE SOME THINGS WE NEED TO DO TO IMPROVE THE LAW AND WE’LL DO THAT WORKING TOGETHER, BUT TODAY MILLIONS OF AMERICANS ARE ALREADY SEEING THE BENEFITS OF THE LAW THAT WE PASSED. SENIORS ARE SAVING MONEY ON THEIR PRESCRIPTIONS AND CHECKUPS. CHILDREN CAN NO LONGER BE DENIED INSURANCE BECAUSE THEY HAVE A PREEXISTING CONDITION. PROTECTION THAT WILL SOON EXTEND TO EVERY AMERICAN.
NO LONGER WILL AMERICAN FAMILIES BE A CAR ACCIDENT OR A HEART ATTACK AWAY FROM BANKRUPTCY. MR. PRESIDENT, I JUST HAD — EVERY THURSDAY, I HAVE A WELCOME TO WASHINGTON. TODAY THEY HAD A GROUP OF PEOPLE FROM NEVADA WHO HAVE OR HAVE RELATIVES THAT HAVE CYSTIC FIBROSIS. IT’S BEEN SO HARD FOR THESE YOUNG PEOPLE TO GET INSURANCE. IT’S NOT GOING TO BE THAT WAY ANYMORE, MR. PRESIDENT. NO LONGER WILL AMERICANS LIVE IN FEAR OF LOSING THEIR HEALTH INSURANCE BECAUSE THEY LOSE A JOB. NO LONGER WILL TENS OF MILLIONS OF AMERICANS RELY ON EMERGENCY ROOM CARE OR GO WITHOUT CARE ENTIRELY BECAUSE THEY HAVE NO INSURANCE AT ALL.
VIRTUALLY EVERY MAN, WOMAN AND CHILD IN AMERICA WILL HAVE ACCESS TO HEALTH INSURANCE THEY CAN AFFORD AND THE VITAL CARE THEY NEED. PASSING THE AFFORDABLE CARE ACT WAS THE GREATEST SINGLE STEP IN GENERATIONS TOWARD ENSURING ACCESS TO AFFORDABLE, QUALITY HEALTH CARE FOR EVERY PERSON IN AMERICA, REGARDLESS OF WHERE THEY LIVE, HOW MUCH MONEY THEY MAKE. MR. PRESIDENT, UNFORTUNATELY, REPUBLICANS IN CONGRESS CONTINUE TO TARGET THE RIGHTS AND BENEFITS GUARANTEED UNDER THIS LAW. I’D LIKE TO GIVE THE POWER BACK TO THE INSURANCE COMPANIES, THE POWER OF LIFE AND DEATH BACK TO THE INSURANCE COMPANIES, BUT OUR SUPREME COURT HAS SPOKEN. THE MATTER IS SETTLED. NO ONE THINKS THIS LAW IS PERFECT. THE PRESIDING OFFICER DOESN’T, I DON’T, BUT DEMOCRATS HAVE PROVEN WE’RE WILLING TO WORK WITH REPUBLICANS TO IMPROVE THE PROBLEMS THAT EXIST IN THIS LAW OR ANY OTHER LAW. MILLIONS OF AMERICANS ARE STRUGGLING TO FIND WORK TODAY AND WE KNOW THAT. OUR FIRST PRIORITY MUST BE TO IMPROVE THE ECONOMY. IT’S TIME, THOUGH, FOR REPUBLICANS TO STOP REFIGHTING YESTERDAY’S BATTLES. NOW THAT THIS MATTER IS SETTLED, LET’S MOVE ON TO OTHER THINGS, LIKE JOBS./blockquote
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John Kline
“The Supreme Court’s decision is a devastating blow to the American people,” said Rep. John Kline (R-Minn). “If Washington can punish private citizens for failing to buy government-approved health insurance, there is no reasonable limit on federal power. Through his health care law, the president has upset the careful balance between the people and their government. The vast majority of the public does not support this government takeover of health care, and Congress must continue its efforts to repeal it.
ObamaCare continues to destroy jobs, raise health care costs, and weaken our economy. It was the wrong prescription for reform and it must be repealed. As I listen to families and small businesses in Minnesota and across the country, rising costs continues to be their top health care concern. President Obama should stop defending a fatally flawed scheme and start working with Republicans on step-by-step solutions that will expand access to more affordable health care.
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Tom Smith
“Today’s unfortunate decision strengthens our resolve to defeat Senator Casey and President Obama in order to repeal and replace a disastrous law that has ballooned the debt, increased the cost of insurance and eroded freedoms,” said Tom Smith, the Republican candidate in Pennsylvania for U.S. Senate. “Healthcare decisions should be made by doctors, patients and their families, not by government bureaucrats. In the Senate, I will fight to see ObamaCare repealed and replaced with commonsense free market reforms that reduce cost, increase access, and promote the quality and innovation that has made our healthcare system the envy of the world.”
“Sadly, as Pennsylvania families have suffered from stagnant unemployment and future generations have continued to be buried under record debt, Senator Casey and Barack Obama have prioritized defending a failed government takeover of healthcare. Americans deserve elected leaders who place the needs of their constituents over their own political agendas,” Smith added.
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Bob Kerrey
“Now that the court spectacle is over its time for Republicans and Democrats to put partisan politics aside and get down to business to find true cost containment solutions before we bankrupt the country,” said former senator Bob Kerrey, the Democratic contender for the US Senate seat in Nebraska. “I for one am confident I can work with Republicans to find common sense solutions that begin with establishing State based exchanges and supporting exciting initiatives by providers to lower costs and improve quality.”
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Raul Grijalva
“This ruling is a significant victory for the American people. After a two-year legal battle, the Supreme Court confirmed today that the Affordable Care Act will continue to provide millions of Americans with health coverage,” Reps. Raúl M. Grijalva (D-AZ) and Keith Ellison (D-MN) of the Congressional Progressive Caucus said. “The health care reform act provides that children will not be denied coverage due to a preexisting condition, young adults will be able to stay on their family health plan, and that Americans can keep their health care insurance if they get a major illness. The Affordable Care Act will now take its rightful place with Social Security and Medicare as powerful examples of what we can do together to improve the lives of every American.
“Despite today’s victory, Republicans in Congress will continue their assault on universal health care for the American people. Throughout this year, GOP lawmakers have tried to repeal and cut back health care benefits, including Medicare and Medicaid. We must continue to work together to protect vital reforms that will improve the health of every American.
“Today’s decision is a turning point for the American people. Let’s remember that millions of American families suffered without health care coverage for decades. The health care reform program has already benefited millions of families. The Court’s decision to uphold reform proposed by President Obama and enacted by the Congress is a sign that dramatic change can happen when the American people demand change. We have made an important step forward toward our goal of affordable universal coverage. Now we need to be vigilant to implement the law so that American families have the health care they have needed for decades.”
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Steve King
“This is a clash of two concepts of civilization,” Rep. Steve King (R-Iowa) told HuffPost’s Greg Rosalsky. “This is the cultural Marxists lined up against the patriots. And the people that believe in limited government and the concept of classical federalism and the principles that were embodied in the Constitution; I can tell you not one of our founding fathers would agree with this decision today. Not one.”
King also released a statement:
“Leading up to today, the lower courts were split on a handful of issues,” said King. “One issue they were nearly unanimous on was that the individual mandate was not a tax therefore could not be upheld under Congress’s power to tax. Today the Supreme Court disagrees with the vast majority of lower court decisions and contradicts President Obama himself, who vehemently denied that the individual mandate was a tax.
The fate of ObamaCare is not yet set. The House has voted to pass my language to repeal 100% of ObamaCare. Every Republican Senator has voted to do the same. On the other hand, President Obama and Democrats in Congress remain as committed as ever to forcing the unconstitutional law that bears the President’s name upon an unwilling and disapproving public. The choice could not be clearer. The American people should be reminded that there is no force more powerful than their voice. After the passage of ObamaCare, the American people made their disapproval known in a powerful way. Today’s decision should renew that call and spirit.
The Constitution lays out a government of limited, enumerated powers, and the size and scope of our current government, and specifically ObamaCare, are well beyond what our Founding Fathers ever intended. The American people will decide the fate of ObamaCare.”