Archive for the 'Political Powwow' Category

SCOTUS Strengthens Citizens United Decision With Montana Ruling

Posted by Michelle Moquin on 2nd July 2012

Good morning!

Another very important topic that might not have gotten much attention while SCOTUS was ruling Obamacare this past week.

Supreme Court strengthens Citizens United decision with Montana ruling

WASHINGTON — The Supreme Court on Monday reaffirmed the right of corporations to make independent political expenditures, summarily overturning a 100-year-old Montana state law that barred corporations from such political activity.

The justices ruled in an unsigned opinion that Montana’s law was in conflict with the court’s 2010 Citizens United decision, which shifted the campaign finance landscape, opening the door to the massive political expenditures that have been shaping this year’s presidential race. The decision was 5-4, split along ideological lines.

Despite the Citizens United decision, the Montana Supreme Court had refused to strike down the state’s ban on election spending by corporations. Its judges cited Montana’s history of “copper kings” who bribed legislators. Advocates of campaign finance reform had hoped that the current wave of election-related spending would help make their case for the need to reconsider Citizens United.

Still, it was considered highly unlikely that the court, in its current configuration, would reverse itself on such a recent ruling.

The court issued a summary reversal without waiting to hear oral arguments in the case.

In a dissent, Justice Stephen Breyer wrote that “Montana’s experience, like considerable experience elsewhere since the Court’s decision in Citizens United, casts grave doubts on the Court’s supposition that independent expenditures do not corrupt or appear to do so.” But he acknowledged that the court was not likely to reconsider the ruling.

Advocates for stricter campaign finance regulations said they would continue their fight for tougher laws in Congress and the courts.

“Citizens and the nation are not going to accept the Supreme Court-imposed campaign finance system that allows our government to be auctioned off to billionaires, millionaires, corporate funders and other special interests using political money to buy influence and results,” said Fred Wertheimer, president of Democracy 21. “A major national campaign finance reform movement will begin immediately after the 2012 elections.”

*****

Readers: I don’t want our political system to be bought by the highest corporate bidder. And I’m tired of allowing corporations the rights of a living person. It’s just not right that the Supreme Court gave corporations, the rich, and anyone else who could afford it, the right to spend any amount of money they want to influence the passage of any issue.

Quite some time ago Anonz posted these words, and every so often I read them and post them to remind us what we’re up against. Today felt like a good day.

Destroy it by; (1) insisting that special interest groups not be allowed to lobby congress. (2) Out law PAC’s political contributions (3) get your Congress to fix the opinion rendered by the bought and paid for 6 of the Supreme Court who ruled that corporations can spend as much as they want on political issues and candidates.

I can now buy any candidate in either House. I can influence any law to my benefit. I can influence you and most americans to believe what I wish about any issue. Your crooked Supreme Court gave me the right to spend any amount of money to influence the passage or (sic) any issue.

Criticizing me may make you feel good, but it has no affect on anything I do. Voting to eliminate the people who keep the likes of me from being regulated would be effective in stopping me from profiting at your expense.

But I have no fear of that because you secretly envy the money and power I have. You dream of being one of us, so you allow us to have unfettered access to to the profit trough.

Sure I have more money that I will every be able to spend, but if you are too stupid to regulate me, and too stupid to make me pay my fair share of taxes, and if you continue to allow me to set up corporations with all the rights of a living person, I WILL CONTINUE TO GET RICHER AT YOUR EXPENSE.

And unfortunately, I will continue to brag, boast, be in your face about your STUPIDITY. Deciding whether to rant against me or to vote against me will determine whether you will wise up or remain a mat for me to wipe my feet on as I stroll to that feeding trough.

If those words don’t inspire you to do something…to vote for Obama in November, I don’t know what will. By the way, this won’t be the last time I post this before the elections.

This is one of the only real free speech blogs – no censoring ever. Blog me.

Nancy: I thought so too. I am HOPEing that when Obama wins in November he will jump on the opportunity to really let us see his moves.

Anonz: Funny, I’m out early this morning so I wrote my blog last night, quoting you, only to see your comment this morning, before I was about to click ‘publish’. Nice to see you here personally talking of love, and devotion, instead of your loyal aid “from the desk of…” sharing, although very important, the woes of the world. Your lady love is one lucky girl, and no doubt she knows it and awaits for your safe return to personally hear you tell her such sweet words. I’m glad to know you are alive and well, and I too wish you a safe return.

Peace & Love…

Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

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Thank you for your loyal support!

“Though she be but little, she be fierce.” – William Shakespeare Midsummer Night’s Dream

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Posted in Political Powwow | 38 Comments »

“Just Noticing”: Observations Of A Blogger

Posted by Michelle Moquin on 1st July 2012

Good morning!

You know I am at a loss for words this morning. And I have no idea what I am going to blog about. It is already 11:00 AM and I still haven’t posted. Ahhh…it just came to me – I actually do have an idea of what to post…and an important one it is.

“Just noticing….”

…with all of talk about Obamacare…this particular topic that I am posting today has somewhat been pushed to the backseat, but today I’m putting it in the front.

Justice Scalia must resign

By E.J. Dionne Jr., Published: June 27

Justice Antonin Scalia needs to resign from the Supreme Court.

He’d have a lot of things to do. He’s a fine public speaker and teacher. He’d be a heck of a columnist and blogger. But he really seems to aspire to being a politician — and that’s the problem.

So often, Scalia has chosen to ignore the obligation of a Supreme Court justice to be, and appear to be, impartial. He’s turned “judicial restraint” into an oxymoronic phrase. But what he did this week, when the court announced its decision on the Arizona immigration law, should be the end of the line.

Not content with issuing a fiery written dissent, Scalia offered a bench statement questioning President Obama’s decision to allow some immigrants who were brought to the United States illegally as children to stay. Obama’s move had nothing to do with the case in question. Scalia just wanted you to know where he stood.

“After this case was argued and while it was under consideration, the secretary of homeland security announced a program exempting from immigration enforcement some 1.4 million illegal immigrants,” Scalia said. “The president has said that the new program is ‘the right thing to do’ in light of Congress’s failure to pass the administration’s proposed revision of the immigration laws. Perhaps it is, though Arizona may not think so. But to say, as the court does, that Arizona contradicts federal law by enforcing applications of federal immigration law that the president declines to enforce boggles the mind.”

What boggles the mind is that Scalia thought it proper to jump into this political argument. And when he went on to a broader denunciation of federal policies, he sounded just like an Arizona Senate candidate.

“Arizona bears the brunt of the country’s illegal immigration problem,” the politician-justice proclaimed. “Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are simply unwilling to do so.

“Arizona has moved to protect its sovereignty — not in contradiction of federal law, but in complete compliance with it.” Cue the tea party rally applause.

As it happens, Obama has stepped up immigration enforcement. But if the 76-year-old justice wants to dispute this, he is perfectly free as a citizen to join the political fray and take on the president. But he cannot be a blatantly political actor and a justice at the same time.

Unaccountable power can lead to arrogance. That’s why justices typically feel bound by rules and conventions that Scalia seems to take joy in ignoring. Recall a 2004 incident. Three weeks after the Supreme Court announced it would hear a case over whether the White House needed to turn over documents from an energy task force that Dick Cheney had headed, Scalia went off on Air Force Two for a duck-hunting trip with the vice president.

Scalia scoffed at the idea that he should recuse himself. “My recusal is required if. . . my ‘impartiality might reasonably be questioned,’ ” he wrote in a 21-page memo. Well, yes. But there was no cause for worry, Scalia explained, since he never hunted with Cheney “in the same blind or had other opportunity for private conversation.”

Don’t you feel better? And can you just imagine what the right wing would have said if Vice President Biden had a case before the court and went duck hunting with Justice Elena Kagan?

Then there was the speech Scalia gave at Switzerland’s University of Fribourg a few weeks before the court was to hear a case involving the rights of Guantanamo detainees.

“I am astounded at the world reaction to Guantanamo,” he declared in response to a question. “We are in a war. We are capturing these people on the battlefield. We never gave a trial in civil courts to people captured in a war. War is war and it has never been the case that when you capture a combatant, you have to give them a jury trial in your civil courts. It’s a crazy idea to me.”

It was a fine speech for a campaign gathering, the appropriate venue for a man so eager to brand the things he disagrees with as crazy or mind-boggling. Scalia should free himself to pursue his true vocation. We can then use his resignation as an occasion for a searching debate over just how political this Supreme Court has become.

******

And in a similar vein…

“Just noticing…”

*O*B*A*M*A*

Readers: It is a slow Sunday for me and one that I am going to enjoy. I HOPE you’ll do the same. Blog me. Otherwise I’ll meet you on the flip.

Oh…Just noticing how much I love this photo of our president.

…& Love

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

Or if you would like to send a check via snail mail, please make checks payable to “Michelle Moquin”, and send to:

Michelle Moquin PO Box 29235 San Francisco, Ca. 94129

Thank you for your loyal support!

“Though she be but little, she be fierce.” – William Shakespeare Midsummer Night’s Dream

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Posted in Just noticing: Observations of a blogger, Political Powwow | 4 Comments »

Laugh Your Ass Off Saturday

Posted by Michelle Moquin on 30th June 2012

Good morning!

Think Obama is happy about the SCOTUS ruling? You’ve got to see this to experience just how happy he is. This is priceless!

Readers: Don’t ya love it? I bet Michelle’s thinking, “Lay those moves on me baby!” I know I would be. And if you watched a little bit further (3:09), there was a nod to our alien friends as well.

Nicole: Yes, because if people really did think about others and their struggles to pay their medial bills, we wouldn’t be having this discussion.

Scott: I missed it – How was it?

Robert, rt: I wanted to say more yesterday but I had no access to my blog either. And when I did I was @ Peet’s on my playbook. I was about to post when I saw your comment, so I tried to add more to my write, which was almost impossible.

I wanted to add that whatever it was that you did to stand up and defend yourself, I just have to say that I wish that there weren’t any reason for one to have to defend themselves these days. But we all know that racism is alive and prevalent. And from what we read here, you are not one to just sit back and take it. It is one thing that I admire about you.

I understand we may not see much of you here anymore. Know that whatever you are able to contribute will be appreciated – know that you are a reason many tune in, including me, to read your insightful comments and illuminating truths. I HOPE that you are safe and well – I’m sending you my best. I am sure your friend thinks nothing less of you, understands, and wishes you the same and more.

Kelly: I believe that you are so right. When people are against it, it is “Obamacare”, but one it gets widely accepted and people are grateful that we have it, they will in no way want to give him credit. Sick but true.

Vincent: I am delighted that you have come to your senses. Now…time to work on the family putting aside their bigoted beliefs and get on the “Obamaboard”.

Happy Saturday Everyone!

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

Or if you would like to send a check via snail mail, please make checks payable to “Michelle Moquin”, and send to:

Michelle Moquin PO Box 29235 San Francisco, Ca. 94129

Thank you for your loyal support!

“Though she be but little, she be fierce.” – William Shakespeare Midsummer Night’s Dream

" Politics, god, Life, News, Music, Family, Personal, Travel, Random, Photography, Religion, Aliens, Art, Entertainment, Food, Books, Thoughts, Media, Culture, Love, Sex, Poetry, Prose, Friends, Technology, Humor, Health, Writing, Events, Movies, Sports, Video, Christianity, Atheist, Blogging, History, Work, Education, Business, Fashion, Barack Obama, People, Internet, Relationships, Faith, Photos, Videos, Hillary Clinton, School, Reviews, God, TV, Philosophy, Fun, Science, Environment, Design, The Page, Rants, Pictures, Church, Blog, Nature, Marketing, Television, Democrats, Parenting, Miscellaneous, Current Events, Film, Spirituality, Obama, Musings, Home, Human Rights, Society, Comedy, Me, Random Thoughts, Research, Government, Election 2008, Baseball, Opinion, Recipes, Children, Iraq, Funny, Women, Economics, America, Misc, Commentary, John McCain, Reflections, All, Celebrities, Inspiration, Lifestyle, Theology, Linux, Kids, Games, World, India, Literature, China, Ramblings, Fitness, Money, Review, War, Articles, Economy, Journal, Quotes, NBA, Crime, Anime, Islam, 2008, Stories, Prayer, Diary, Jesus, Buddha, Muslim, Israel, Europe, Links, Marriage, Fiction, American Idol, Software, Leadership, Pop culture, Rants, Video Games, Republicans, Updates, Political, Football, Healing, Blogs, Shopping, USA, Class, Matrix, Course, Work, Web 2.0, My Life, Psychology, Gay, Happiness, Advertising, Field Hockey, Hip-hop, sex, fucking, ass, Soccer, sox"

Posted in Entertainment & Laughter, Health & Well Being, Political Powwow | 9 Comments »

Democrats: Sell Health Reform Now

Posted by Michelle Moquin on 29th June 2012

Good morning!

Well…yesterday’s ruling by SCOTUS was quite amazing. Justice Roberts surprisingly pulled through, thankfully. But I have to say big kudos go to the girls on the SC as well: Ginsberg, Sotomayor and Kagan, the latter two appointed by Obama, let me remind you. I have to say this was a big win for the Democrats, as well as all of the American people, even if the stupid ones who are against Obamacare don’t realize yet. The republicans are seething and I am smiling. :)

Obamacare / the Affordable Health Care Act survived. It is a historical victorious moment, and one that I am so grateful and proud of. We fought so hard for Obamacare and we prevailed. Congratulations Obama! Ha! His hat is certainly getting filled with feathers.

Speaking of benefits, just in case you’re wondering…just in case you are one of those that oppose, here are the benefits of the Affordable Health Care Act, and what it means for you. Watch a clip from Rachel Maddow’s show last night:

Visit msnbc.com for breaking news, world news, and news about the economy

Listen to the full speech given by our president Obama:

Obama Responds To Supreme Court Health Care Ruling (VIDEO)

WASHINGTON — President Barack Obama praised the Supreme Court’s 5-4 decision that his signature health care law was constitutional Thursday, calling the ruling “a victory for people all over this country.”

“The highest court in the land has now spoken. We will continue to implement this law,” he said, speaking to cameras in the East Room of the White House. “With today’s announcement it is time for us to move forward, to implement and when necessary improve on this law.”

The ruling is a huge win and a big relief for the administration, which spent 18 months and heavy political capital pushing health care reform through Congress. The president has had other achievements on the domestic and foreign policy fronts, but it’s fair to say that the passage of the Affordable Care Act was at the top of his list of accomplishments. That the court upheld the law’s constitutionality was almost as momentous as the law’s passage in the first place.

The political fallout from the ruling seems clear. Congressional Republicans and the party’s presumptive presidential nominee Mitt Romney have pledged to replace the law with a new set of reforms. And in the immediate aftermath of the decision, they reaffirmed their pledge to wipe the law off the books following the 2012 elections.

The president, for his part, used his address to detail the policy prescriptions within the law — an implicit recognition that the administration has done a poor job selling it to date.

“It should be pretty clear that I didn’t do this because it’s good politics,” Obama said. “I did it because it’s good for the country.”

The president also addressed the court’s decision to uphold the most controversial component of the bill, the individual mandate, arguing that it was essential to making the rest of the reforms work. He acknowledged that he himself had once opposed the idea, only to come around. The president added that conservatives, including Romney, had supported the concept in the past.

“We ultimately included a provision in the Affordable Care Act that people who could afford to buy health insurance should take the opportunity to do so,” he said.

********

Readers: I am so elated over this result. I’ll echo Maddow’s thoughts…with the presidential election coming up, the Democrats need to run with this win. Let’s keep Obama in the White House.

Thoughts? Start flapping your lips and blog this BABE.

Jack: I understand about people not changing, but to stand by and not say anything to your friends making racist remarks about Obama or anyone else is just wrong. Preferring someone or thinking that someone is better because of the color of their skin is ridiculous and just wrong. I’m not saying that you have to love every OTW or condone what every OTW says or does, but that goes for anyone no matter what color they are.

So, if you friends are complaining about policy that is one thing, but calling Obama a Nigger, spook, etc., is just wrong, and in my opinion unacceptable. I see nothing wrong with sticking up for someone, not because you think it will change them but just because it is the right thing to do. When nothing is said, it is like you are accepting this kind of behavior, which is simple disgusting.

Irene: With respect to the Loch Ness monster, all I can say is “stupidity alive and well”. With respect to comparing muslim women and western women, that is like comparing apples and oranges. I just have to jump in and say that I agree with Zen Lill, Nawzad, and the others: There is no comparison.

Laura: How ignorant can you be? Being gay is not something to cure – it is not an illness….unlike what Michele Bachman claims, you can’t pray away the gay. What happened to god loving and accepting all? There is no “Love and accept all except…”. Love and accepting all means just that…love and accept all.

I’m with WC – we shouldn’t even be having this conversation. We should be “beyond that”. Unfortunately we’re not. And as much as serious things such as the plight of women, etc., are REAL issues to be concerned about, being gay and not be accepted is unfortunately a REAL issue as well. But hey, so much easier to resolve. All you have to do is “accept”…accept the preferences of others…live and let live. Easy. The plight of women…not so easy to resolve, and certainly the control, abuse, murder of women worldwide is unacceptable.

Doug: Are you kidding me? God loves and accepts all. It is you that does not. And you’re logic is twisted. You are comparing two consenting adults, whether it be a man and a man or a woman and a woman, loving each other…deciding to have sex with each other…and comparing it to incest? Wha’at?!

Nick: Right on. How can Peter say how you, a gay person feels…what is your state of being or not, when he is not in your body and heart feeling what you feel? Aren’t you just sick and tired of people telling you how you should feel, how you should be, and assuming that you have a choice of this mode of behavior? When will people just stay out of other peoples lives and let people live how they want to live, especially when it has no impact on their own lives. Why do we spend so much time in other people’s business…in women’s VAGINAS, when they have no right to be there? How much less conflict there would be in the world if we just let people be…if we just loved our fellow world citizens a little more.

The comments are just deeply disturbing to me, when it is all so simple…so easy to just love, accept, and be amazed at the diversity and differences.

Juanita: Being in the fashion industry my entire life…believe me, I see what you say every day.

Zen Lill: Cute pants but with that kind of sizing I guess that leave me with no size that fits. :( That’s what we call “vanity sizing” :)

Social Butterfly: Thanks for the addition. And yes, I bet they were fun.

Amy: Succinctly said.

Robert,RT: You know how my readers and I feel about you. I HOPE you are OK.

I am having posting issues, so I must sign off and resolve.

Peace out.

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

Or if you would like to send a check via snail mail, please make checks payable to “Michelle Moquin”, and send to:

Michelle Moquin PO Box 29235 San Francisco, Ca. 94129

Thank you for your loyal support!

“Though she be but little, she be fierce.” – William Shakespeare Midsummer Night’s Dream

" Politics, god, Life, News, Music, Family, Personal, Travel, Random, Photography, Religion, Aliens, Art, Entertainment, Food, Books, Thoughts, Media, Culture, Love, Sex, Poetry, Prose, Friends, Technology, Humor, Health, Writing, Events, Movies, Sports, Video, Christianity, Atheist, Blogging, History, Work, Education, Business, Fashion, Barack Obama, People, Internet, Relationships, Faith, Photos, Videos, Hillary Clinton, School, Reviews, God, TV, Philosophy, Fun, Science, Environment, Design, The Page, Rants, Pictures, Church, Blog, Nature, Marketing, Television, Democrats, Parenting, Miscellaneous, Current Events, Film, Spirituality, Obama, Musings, Home, Human Rights, Society, Comedy, Me, Random Thoughts, Research, Government, Election 2008, Baseball, Opinion, Recipes, Children, Iraq, Funny, Women, Economics, America, Misc, Commentary, John McCain, Reflections, All, Celebrities, Inspiration, Lifestyle, Theology, Linux, Kids, Games, World, India, Literature, China, Ramblings, Fitness, Money, Review, War, Articles, Economy, Journal, Quotes, NBA, Crime, Anime, Islam, 2008, Stories, Prayer, Diary, Jesus, Buddha, Muslim, Israel, Europe, Links, Marriage, Fiction, American Idol, Software, Leadership, Pop culture, Rants, Video Games, Republicans, Updates, Political, Football, Healing, Blogs, Shopping, USA, Class, Matrix, Course, Work, Web 2.0, My Life, Psychology, Gay, Happiness, Advertising, Field Hockey, Hip-hop, sex, fucking, ass, Soccer, sox"

Posted in Health & Well Being, Human Rights and Equality, Political Powwow | 8 Comments »

Individual Mandate Survives

Posted by Michelle Moquin on 28th June 2012

Good morning!

A continuation of the other day…

Rewriting brief history of the mandate

MSNBC’s Lawrence O’Donnell shows how Republicans and Democrats have rewritten their views on the individual mandate in health care and how liberals, including President Obama, rewrote the concept of a mandate itself in order to pass the health care reform law.

The question is, do the Supreme Court justices know the dirty little secret about the Obamacare mandate? Weigh in below or tweet us your thoughts on the case.

Visit msnbc.com for breaking news, world news, and news about the economy

From O’Donnell’s show last night:

We can only be certain of one thing: there will be outrage. No matter how the Supreme Court rules, the ruling will be greeted with howls of protest. As MSNBC’s Lawrence O’Donnell explains in the Rewrite, the decision will still mean absolutely nothing for millions of Americans

Visit msnbc.com for breaking news, world news, and news about the economy

Readers: Oops, I had the above posted beforehand as I am out of town. I’ve taken a day off and spent the evening in Healdsburg with my girlfriend. So after reading the main heading of the HuffPo this morning, please disregard the above unless you’re interested in reading/watching. I think it is worth your time, hence, I’ve decided not to delete it just in case you are interested.

Here’s the latest:

Supreme Court Health Care Decision: Individual Mandate Survives

WASHINGTON — The individual health insurance mandate is constitutional, the Supreme Court ruled Thursday, upholding the central provision of President Barack Obama’s signature Affordable Care Act.

The controlling opinion, written by Chief Justice John Roberts, upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress’ commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in the outcome.

The decision in National Federation of Independent Business v. Sebelius comes as something of a surprise after the generally hostile reception the law received during the six hours of oral arguments held over three days in March. But by siding with the court’s four Democratic appointees, Chief Justice Roberts avoided the delegitimizing taint of politics that surrounds a party-line vote while passing Obamacare’s fate back to the elected branches. GOP candidates and incumbents will surely spend the rest of the 2012 campaign season running against the Supreme Court and for repeal of the law.

Five justices concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress’ power under the Constitution to “lay and collect taxes.”

“The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause,” Roberts wrote. “That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax.”

Ginsburg, writing separately for the four liberals, said they would have upheld the mandate under the commerce clause too. “Unlike the market for almost any other product or service, the market for medical care is one in which all individuals inevitably participate,” she wrote. “Virtually every person residing in the United States, sooner or later, will visit a doctor or other health care professional.”

Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito joined in a dissent. Together, Roberts’ controlling opinion, Ginsburg’s concurrence, the four-justice dissent and Thomas’ own dissent add up to 187 pages.

In a section of his opinion joined by the liberal justices, Roberts noted that the conservative dissenters contend that the mandate cannot be upheld as a tax “because Congress did not ‘frame’ it as such. In effect, they contend that even if the Constitution permits Congress to do exactly what we interpret this statute to do, the law must be struck down because Congress used the wrong labels.”

But the majority was not persuaded by that argument. Roberts wrote that the mandate provision “need not be read to do more than impose a tax. That is sufficient to sustain it.”

On Medicaid expansion, the court upheld the expansion but with a critical caveat: The federal government may not threaten the states that don’t comply with the loss of their existing funding. Essentially, the Medicaid expansion is now optional for the states.

“As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding,” Roberts wrote. “Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. The States are given no such choice in this case: They must either accept a basic change in the nature of Medicaid, or risk losing all Medicaid funding. The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction.”

For their part, the dissenters were not impressed with Roberts’ parsing of the law. “The Court regards its strained statutory interpretation as judicial modesty. It is not. It amounts instead to a vast judicial overreaching,” wrote the four other conservatives.

They then looked to the political future: The majority’s decision, they argued, “creates a debilitated, inoperable version of health-care regulation that Congress did not enact and the public does not expect. It makes enactment of sensible health-care regulation more difficult, since Congress cannot start afresh but must take as its point of departure a jumble of now senseless provisions, provisions that certain interests favored under the Court’s new design will struggle to retain. And it leaves the public and the States to expend vast sums of money on requirements that may or may not survive the necessary congressional revision.”

Careful legal parsing aside, the bottom line is: The Affordable Care Act has survived.

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