One year ago, the Supreme Court upheld a law that radically transforms our health care system in a way that continues to frighten and beleaguer most Americans.
Friday is the one-year anniversary of the Supreme Court’s ruling upholding the Affordable Care Act, popularly known as Obamacare. The 5-4 decision declared that the federal government could force Americans to buy health insurance — not just any insurance, but insurance covering procedures dictated by the federal government. Obamacare established a labyrinth of red tape and bureaucracy, colossal even by Washington standards, and most important — penalizes the uninsured through the individual mandate.
Writing the majority opinion, Chief Justice John G. Roberts Jr. declared that the individual mandate could be considered a tax and that the power to tax was also the power to enforce the law. Dissenting Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel Anthony Alito Jr. vehemently disagreed, writing in their dissent: “[W]e cannot rewrite the statute to be what it is not. [W]e have never — never — treated as a tax an exaction which faces up to the critical difference between a tax and a penalty, and explicitly denominates the exaction a ‘penalty.’”
I think that Obamacare is still unconstitutional. I still think that Justices Scalia, Kennedy, Thomas and Alito got it right.
One year later, the federal health care law is even more concerning. In addition to potentially causing upward of 20 million Americans to lose their private health insurance policies, it could destroy an estimated 800,000 jobs.
The particular jobs that Obamacare creates are perhaps the most troubling.