A different view on Obamacare.
Limits the power of Government.
First of all, placing the ACA under the Taxation power instead of the Commerce power places greater limits on how that power can be used and dramatically softens the penalty for non-compliance (you simply pay a tax, you cannot be jailed or otherwise punished for failure to purchase health insurance). Congress cannot compel you to purchase insurance; it can only compel you to pay a non-extreme, non-coercive tax if you wish not to purchase insurance.
Easier to overturn Obamacare.
The ordinary process, of course, requires 60 votes to overcome a filibuster in the Senate. But when it concerns budgetary matters, including taxes (like the Bush tax cuts), 51 votes are sufficient to put the law on hold for 10 years.
Limiting expansion of Medicaid
The administration can condition new, additional funding on states’ cooperation, but not the preexisting funding. This is a big difference. It will be much easier for states to opt out of the medicaid expansion.
President Obama and Congressional Democrats just became the owners of a considerable tax hike – what one of my colleagues is calling “The most deceptive tax increase in American history.” The Obama campaign will frame it as a tax on “the rich” — since you only pay the tax if you are a taxpayer who is capable of purchasing coverage but chose not to purchase it.
Adds another dynamic to the 2012 elections
The Supreme Court is not going to save us against our own poor electoral decisions, if the people we elect go on to pass foolish taxes.
Maybe there is hope after all.
Hope for change.