Sunday, July 1, 2012

It's your party and you can cry if you want to


CHIEF JUSTICE ROBERTS announced the judgment of the Court and delivered the opinion of the Court.
INDUL
JUSTICE GINSBURG, I agree withGE THE CHIEF JUSTICE that the minimum coverage provision is a proper exercise of Congress’ taxing power. I therefore join THE CHIEF JUSTICE’s opinion. Unlike THE CHIEF JUSTICE, however, I would hold, alternate to enact the minimum coverage provision. I would also hold that the Spending Clause permits the Medicaid expansion exactly as Congress enacted it.
I The provision of health care is today a concern of national dimension, just as the provision of old-age and survivors’ benefits was in the 1930’s. In the Social Security Act, Congress installed a federal system to provide monthly benefits to retired wage earners and, eventually,to their survivors. Beyond question, Congress could have adopted a similar scheme for health care. Congress chose,instead, to preserve a central role for private insurers and state governments. According to THE CHIEF JUSTICE, the Commerce Clause does not permit that preservation. This rigid reading of the Clause makes scant sense and is stunningly retrogressive.

THIS IS WHAT HAPPENS WHEN YOU EXPERIENCE LACK OF OXYGEN,  INDULGE IN DELUSIONS OF SUPERIORITY AND/OR FORGOT TO TAKE YOUR MEDICATION.

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