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.
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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