Obama health care reform is upheld by Supreme Court: Live

1. What does the law actually do?

The reforms are designed to expand health insurance to around 30 million of
the 50 million Americans without coverage. The indvidual mandate forces
everyone who can buy insurance to do so, pushing younger and healthier
people into the market and hopefully driving down insurance premiums for
all. The laws forbids insurance companies from discriminating against people
with pre-existing health conditions and allows young people to stay on their
parents’ healthcare up to the age of 26. It also extends Medicaid, the
government programme to provide health coverage to the very poor, although
the court ruled that White House could not threaten states into accepting
new Medicaid funding.

2. Why was the ruling by the Supreme court so important?

The court held the fate of millions of Americans, as well as Mr Obama’s
political legacy in its hands. Their decision means that “Obamacare”,
a landmark piece of legislation that will cost billions of dollars and
affect lives for generations to come, will continue to be the law of land.
Had they struck down the law they would have at a stroke erased one of the
President’s major domestic achievements and plunged the future of healthcare
into enormous uncertainty.

3. What did it all come down to?

At the heart of the law is the “individual mandate” – a provision
that forces all Americans who can afford health insurance to buy it.
Conservatives argued that the mandate was unconstitutional because the
government has no right to compel people to buy insurance. But the court
made the surprise ruling that the mandate is a tax and therefore well within
the powers of the federal government.

18.12: One last word on John Roberts. This is him messing up the
oath of office on Obama’s inauguration day. All is forgiven, John boy!

17.55: It’s difficult to overstate just how unexpected this outcome
was. While politicos may now be busily deleting tweets the prevailing
wisdowm was that Obamacare was on its way out. And it was going to be kicked
out by Justice Kennedy, whose aggressive questions during the oral
arguments earlier this year indicated that he was going to side with
conservatives and tear down the individual mandate on the grounds that the
government can’t force people to engage in commerce.

Except it didn’t happen like that. Kennedy sided with the conservatives but Chief
Justice Roberts
, once thought a hardline conservative, marched into the
liberal camp. And while the court ruled that the individual mandate was not
compatible with the Commerce Clause, it didn’t matter because it decided
that the mandate was a tax. Which, confusingly, was not an argument the
Obama administration ever really made.

All of which is a long way of saying, Roberts has just become the most
unlikely of liberal heroes (h/t David
Weigel
).

17.40: Today’s ruling was undoubtedly a victory for Obama and the
Democrats. But the Republicans can see a silver lining:

Already the Republican National Committee is pushing out a memo saying: “The
only way for voters to end [the ACA] and pursue true reform is to vote
Republican in November.”

17.35: As he often does, the President invoked a “real American”
whose story had touched him. In this case it was Natoma Canfield who wrote
to him
when her insurance companies threatened to cut off her
coverage.

I need your Health reform bill to help me!!! I simply can no longer afford
to pay for my health care costs!! Thanks to this incredible premium increase
demanded by my insurance company, January will be my last month of insurance.

17.25: Looking a bit tired but very pleased, Obama concludes:

QuoteToday I’m as confident as ever that we look back in five years, ten years,
15 years, we will be better off because we had the courage to pass this law
and to keep moving forward.

17.17: Obama is speaking now from the same hallway where he announced
the death of Osama bin Laden. He says that those who are
trying to score the court’s decisions politically are “completely
missing the point”.

“Whatever the politics today’s decision was victory for people all over
the country whose life will now be more secure,” he says. He’s now
rattling through the benefits of his reforms. He mentions that the “current
Republican nominee” at one point supported the individual mandate.

17.04: We’re expecting President Obama to speak at the White House in a
few minutes.

16.55: Romney speaking across the the street from the Capitol now.

Let’s be clear what the court did and did not do. It said Obamacare did
not violate the consitution. It did not say it was a good law.

You can choose whether you want larger and larger government, more
intrusive in your life, separating you and your doctor… or whether instead
you want to return to a time when the American people made their own choices
on healthcare.

16.45: We’re expecting Mitt Romney to react to the court’s ruling in
just a moment.

16.23: The Republicans have a new battle cry: “Full repeal”.
Senate Minority leader Mitch McConnell just left the floor, vowing: “There’s
only one way to truly fix Obamacare. That’s full repeal.”

16.15: Reporting on dense legal decisions is a difficult skill and not
one the cable networks have yet mastered. Here’s CNN reporting that
the law was struck down:

And then a few moments later reporting that it was in fact upheld:

16.05: In the last few weeks the US has become a nation of Supreme
Court anoraks, endlessly debating what the eyebrow twitches of Justice
Kennedy
meant and working out fantasy breakdowns for how the justices
might rule. Here’s the breakdown as it was announced in real life just over
an hour ago:

Majority opinion: upholding the law
Chief Justice Roberts – Bush Jr. appointee
Justice Sotomayor – Obama appointee
Justice Ginsberg – Clinton appointee
Justice Breyer – Clinton appointee
Justice Kagan – Obama appointee

Minority opinion: against upholding the law
Justice Kenendy – Reagan appointee
Justice Thomas – Bush Snr. appointee
Justice Alito – Bush Jr. appointee
Justice Scalia – Regan appointee

15.56: And here’s the non plain-English version. The full text of the Supreme
Court’s
ruling on National Federation of Independent Businesses, et
al v Sebelius, Secretary of Health and Human Services, et al:

Supreme Court Decision On Affordable Care Act

15.52: Harry Reid, the Democrat Senate Majority Leader, has taken to
the floor of the Senate to express as much joy as his little grey frame is
capable of.

QuotePassing the Affordable Care Act was the greatest single step in a
generation in ensuring affordable care for all Americans… Our Supreme
Court has spoken. The matter is settled…

15.45: The indispensable Scotus
Blog
offers this plain-English summary of what just happened:

QuoteThe Affordable Care Act, including its individual mandate that virtually
all Americans buy health insurance, is constitutional. There were not five
votes to uphold it on the ground that Congress could use its power to
regulate commerce between the states to require everyone to buy health
insurance. However, five Justices agreed that the penalty that someone must
pay if he refuses to buy insurance is a kind of tax that Congress can impose
using its taxing power. That is all that matters.

Because the mandate survives, the Court did not need to decide what other
parts of the statute were constitutional, except for a provision that
required states to comply with new eligibility requirements for Medicaid or
risk losing their funding. On that question, the Court held that the
provision is constitutional as long as states would only lose new funds if
they didn’t comply with the new requirements, rather than all of their
funding.

15:40: Here’s an irony of political history: Senators Biden and Obama
both voted against the confirmation of Chief Justice Roberts in 2005. Obama
told the Senate that he didn’t trust Roberts in those “five per cent of
cases that are truly difficult”.

15.36: Obama is due to speak from the White House within the next few
hours but the Democratic crowing is beginning:

15:30: Justice Kennedy actually wrote the dissenting opinion for
the conservatives arguing that the entire law should be struck down,
my colleague Charlie Whitfield reports.

In opening his statement in dissent, Kennedy says: “In our view, the
entire Act before us is invalid in its entirety.”

Kennedy, thought to be the potential swing vote and the least right-wing of
the 5-justice conservative bloc, has instead written the most conservative
dissent possible

President Obama’s political legacy has been rescued by the one vote of
Chief Justice Roberts.

15.27: Not that the Chief Justice is wild about the law. He notes
pointedly in his opinion: “The court does not express any opinion on
the wisdom of the [Affordable Care Act]”

15.22: Chief Justice John Roberts, a man appointed to America’s high
court by George W Bush, has voted to save Obama’s healthcare plan. He joined
in with the court’s four more liberal justices to uphold the law. Justice
Kennedy
, the man who everyone thought would cast the deciding vote, is
in the minority.

15.20: The word is filtering down to the crowds in front of the Supreme
Court and the pro-Obama crowd are beginning to burst into uncertain cheers.

15.16: Here’s the first verdict from Scotus Blog, the entire law is
still standing except for a technical clause about the federal government’s
relationship with the states over Medicaid:

QuoteThe bottom line: the entire ACA is upheld, with the exception that the
federal government’s power to terminate states’ Medicaid funds is narrowly
read.

15.15: This is very complicated and still unfolding but it sounds like
the Supreme Court has ruled that the individual mandate is a tax, and the
government has the right to levy taxes.

15.10: BREAKING: Scotus Blog, the definitive DC legal blog, is
reporting that the mandate has been upheld and that Chief Justice Roberts
has joined the liberal wing of the court.

15.08 The verdict is due a day after Mr Obama received a timely poll
boost as two new polls showed him pulling ahead of Mitt Romney, his
Republican challenger, in the key
battleground states that will decide November’s general election
:

Despite a turbulent month for Mr Obama, battered by disappointing jobs
numbers and a high-profile Republican by-election victory in Wisconsin, the
president was found to have established an eight-point lead in 12 key swing
states, according to a poll by NBC and The Wall Street Journal.

The numbers, which were supported by the results of a Quinnipiac University
poll, make grim reading for Mr Romney and contradict a widespread perception
among political pundits of both stripes that the former Massachusetts
governor had been gaining ground on Mr Obama.

15.05 Reports that Mr Obama will address the nation later today,
after the verdict.

15.04 The Telegraph’s US Editor Peter Foster writes:


President Obama, sitting in the Oval Office with Joe Biden, is facing the
potential destruction of the major political achievement of his first term
if the Supreme Court decides the Affordable Care Act is unconstitutional.
The Obama legislative legacy is at stake as – Republicans will say – is the
President’s credibility as a leader.

15.02 Underlining the size and scope of the decision, the nine Supreme
Court justices held almost six hours of oral arguments over three days in
late March, the longest time allotted to a single issue in more than 45
years. Paul Clement, who argued the case on behalf of the law’s challengers,
told reporters last week:

QuoteMore people have paid attention to this case than any other case in recent
memory, probably with the exception of Bush v Gore.

15.00 GMT (10.00 EDT) Hello and welcome to our live rolling coverage as
Barack Obama
faces two key verdicts: whether his landmark health care
bill violated the constitution and whether his attorney general was in
contempt of Congress over the ‘Fast and Furious’ scandal.

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