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Republican Congressman Calls Obamacare Ruling ‘One Of The Worst Decisions In Supreme Court History’

Rep. Phil Gingrey (R-GA)

WASHINGTON, D.C. — Minutes after the Supreme Court announced its 5-4 decision upholding the landmark Obamacare law, Rep. Phil Gingrey (R-GA) told ThinkProgress that “this is one of the worst decisions in Supreme Court history.”

KEYES: Do you think this is one of the worst decisions ever?

GINGREY: I think this is one of the worst decisions in Supreme Court history. I still respect the Supreme Court justices, I’m just disappointed bitterly and vehemently disagree with the decision, just like I was in 1973 when Chief Justice Warren Burger sided with the majority on that bone-headed ruling to destroy human life.

Watch it:

There have been a number of awful decisions in Supreme Court history, including the Dred Scott ruling that protected slavery and the Plessy case legalizing racial discrimination. To Gingrey, today’s decision ensuring tens of millions of Americans have access to health care is apparently on par with these rulings.

Earlier this month, Gingrey — an obstetrician-gynecologist who serves as the co-chair of the GOP Doctors Caucus — supported the continuation of the young-adult provision of Obamacare should the bill be struck down, calling it “a good policy.” He also promised to pass individual bills geared towards reducing health costs and preserving coverage for people with pre-existing medical conditions.

In theory, Gingrey should be glad that a law that helps young adults get health insurance, reduces health costs and protects people with pre-existing conditions was upheld today. In reality, he and his Republican colleagues are so vehemently opposed to anything President Obama does that he genuinely believes the ruling could be one of the “worst” ever.

Steven Perlberg contributed to this report.

WATCH: Congressional Black Caucus Leads Democrats In Walk Out Of Attorney General Contempt Vote

Rep. Darrell Issa (R-CA), who has been leading the investigation

House Democrats stormed out of a Congressional vote to hold Attorney General Eric Holder in contempt of Congress today.

Led by members of the Congressional Black Caucus, who originally planned a walk-out yesterday, most Democrats exited the chamber instead of voting to hold the Attorney General in contempt. Both House Minority Leader Rep. Nancy Pelosi (D-CA) and House Minority Whip Steny Hoyer (D-MD) called for the walkout.

Watch it:

Holder has been the target of Republican fury over ‘Fast and Furious,’ a misguided gun tracking effort initiated by the Bush administration and continued under Pres. Barack Obama in which thousands of guns went missing.

Democrats have criticized the vote for being about politics, not action, since the Republicans’ focus has been on Holder, and not on the gun trading scheme. They feel that Congress should be concentrating on the economy, jobs, and seeking the truth of what happened to the missing guns and a man killed by one.

Holder is the first-ever Attorney General to be charged with contempt by the full House.

NEWS FLASH

NH Legislature Overrides Voter ID Bill Veto | The Republican-controlled New Hampshire state legislature overrode Gov. John Lynch’s (D) veto of a law requiring people to present photo identification when voting. Supporters called the voter suppression effort necessary to “protect the integrity of voting,” though opponents noted that the Granite State has had no history of significant voter fraud.

Senator Rand Paul Says That Supreme Court Decision Doesn’t Matter, Obamacare Is Still Unconstitutional

A number of reactions were shown after the Supreme Court ruled to uphold President Obama’s Affordable Care Act. However, few elected officials went as far as Senator Rand Paul when he explicitly blasted the Supreme Court as wrong and unqualified to decide constitutional matters. Paul’s disagreement with the court’s decision would clearly mean that he also does not agree with the United States Constitution, which designates the Court as responsible for ruling on the constitutionality of laws. In his statement released after the Court’s decision, he indicated that he felt that the Court’s “incorrect” decision still did not mean that the law was constitutional:

Just because a couple people on the Supreme Court declare something to be ‘constitutional’ does not make it so. The whole thing remains unconstitutional. While the court may have erroneously come to the conclusion that the law is allowable, it certainly does nothing to make this mandate or government takeover of our health care right.

For the record, Paul also believes that Medicare, Social Security and the federal ban on whites-only lunch counters are unconstitutional.

Angela Guo

ACA Opinion Analysis: The Ball Is In Rick Perry’s Court Now

In 2008, the United States had an election, and the American people overwhelmingly elected a president and a Congress who believes it is a moral abomination that, in the wealthiest, most powerful nation that ever existed, tens of thousands of Americans die every day because they cannot afford lifesaving treatment. Today’s decision upholding nearly all of the Affordable Care Act reaffirms that the American people’s decision matters. In Chief Justice Roberts’ words,

Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.

Yet, while today’s decision is fundamentally a reminder that the United States is a democracy, it also complicates matters quite a bit. For reasons that will be explained in a subsequent post, the opinion butchers an understanding of two key constitutional provisions that prevailed in the very earliest days of the Republic. Perhaps most significantly, it also creates an unprecedented new limit on the federal government’s ability to partner with the states in order to solve national problem — and this limit could cost millions of low-income Americans their access to health care.

Under Medicaid, the feds offer funding to the states to enable them to provide health services to the poor. The states are free to take this money or to leave it on the table, but if they accept it they are required to comply with certain conditions. Nevertheless, the plaintiff challenged Obamacare’s expansion of Medicaid to provide health care for all people earning up to 133 percent of the poverty line, claiming that the law somehow “coerces” states into taking this new money. Roberts’ opinion buys this argument, holding that, because the states must accept Obamacare’s new Medicaid funds in order to continue receiving old Medicaid funds, that constitutes unconstitutional coercion.

One piece of good news is that Roberts distinguished the Affordable Care Act’s Medicaid expansion from previous expansions enough that his opinion probably would not lead to those past expansions being retroactively struck down. Another is that the opinion does not invalidate the Affordable Care Act’s Medicaid expansion either. Instead, it says that conservative states are now free to take the new Medicaid funds or leave them without risking any of their old funds.

The upshot of this is that Rick Perry’s Texas can now decide that it would rather give the finger to Obamacare than provide health care to hundreds of thousands of its residents, even though the federal government will cover 90 percent or more of those costs. Doing so, of course, would be cruel; it would save Texas very little money; and it would probably be unpopular with many Texas voters. But Texas now has this option if it chooses.

In the long run, it is likely that Texas will eventually fall in line — just as every single state in the country eventually realized that the existing Medicaid program is a really good deal that they should agree to. While political fires are burning hot, however, many low income Texans (and Mississippians, and Oklahomans . . . ) are likely to suffer for it.

Republican Congressman Suggests ‘Impeachment’ For Justice Kagan Over Obamacare Ruling

Rep. Louie Gohmert (R-TX)

WASHINGTON, D.C. — A leading Republican congressmen in the fight to repeal Obamacare said today’s Supreme Court ruling is “illegitimate” and has called for one of the Supreme Court Justices to be impeached.

ThinkProgress spoke with Rep. Louie Gohmert (R-TX) outside the Court immediately following the decision today affirming the constitutionality of Obamacare. Gohmert, apoplectic over the ruling, directed his anger towards Justice Elena Kagan, who he claims likely “violated federal law” by voting on the Obamacare decision after serving as Solicitor General when the law was passed. “She needs to be removed from the Supreme Court,” he cried, calling for her impeachment. As such, Gohmert said today’s decision upholding Obamacare is “illegitimate.”

GOHMERT: We still have the issue of Justice Kagan. Either she was totally derelict and negligent in her duties as Solicitor General and had absolutely nothing to do with the most important bill to the president, her boss, or she did have something to do with it, she has violated federal law, and as such she needs to be removed from the Supreme Court. [...] I think it’s important to look at Justice Kagan for potential impeachment. [...]

KEYES: Considering she was the deciding vote in the case, does that leave the ruling illegitimate if she broke federal law?

GOHMERT: Yes it would. It would mean this decision would be illegitimate if she lied in order to get onto the Court.

Watch it:

Steven Perlberg contributed to this report.

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Health

BREAKING: Supreme Court Upholds Individual Mandate As A Tax

The Supreme Court has upheld the individual mandate in Obamacare, paving the way for full implementation of the law in the states and ensuring that millions of uninsured Americans haves access to affordable coverage. The court upheld the provision as a tax, but found that it does violate the Commerce Clause.

The Medicaid expansion is limited, but not invalidated, the court found. In short, it decided that if a state does not expand the Medicaid program, as required by the law, the federal government cannot withhold Medicaid funds.

In short, “the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.”

Chief Justice John Roberts joined Justices Sonya Sotomayor, Stephen Breyer, Ruth Bader Ginsburg, and Elena Kagan in the 5 to 4 decision. Justice Anthony Kennedy — who was considered a swing vote on in the case — sided with the conservatives.

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Update

From the opinion: “Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.”

Update

On the Medicaid issue, a majority of the Court holds that the Medicaid expansion is constitutional but that it would be unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions. Here is the quote: “Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.”

Update

From the dissent, Kennedy writes, “In our view, the entire Act before us is invalid in its entirety.”

Update

A link to the full text of the decision is here.

Update

Republicans have announced that they will take another vote on repealing the law the week of July 9th.

NEWS FLASH

Supreme Court Strikes Down Stolen Valor Law | The Supreme Court has struck down the Stolen Valor Act of 2005, which sought to ban unauthorized people from wearing military decorations or medals. Justice Anthony Kennedy wrote a plurality opinion and Justices Samuel Alito, Antonin Scalia, and Clarence Thomas dissented.

Everything You Need To Understand Today’s Health Care Decision

At this point, everything useful that could possibly be said about the Affordable Care Act has already been said — not to mention all that blather about broccoli. Rather than pretend that there is something more to say before the Supreme Court hands down its opinion today, here is a list of resources to help you understand the significance of today’s decision — and don’t forget to also check out Igor Volsky’s “10 Things You Would Miss About Obamacare“:

Why The Law Is Constitutional

  • The Individual Mandate Is Constitutional. In the words of a leading conservative judge who received the Presidential Medal of Freedom from President George W. Bush, the case against Obamacare has no basis “in either the text of the Constitution or Supreme Court precedent.” Learn the three reasons why the individual mandate is constitutional here.
  • So Is Medicaid. Learn how the health care plaintiffs’ attack on the Affordable Care Act’s Medicaid expansion is both incorrect and an attack on America’s entire social safety net here.
  • Upholding Obamacare Does Not Mean The Federal Government’s Power Is Limitless. The Affordable Care Act is constitutional, but a long list of things are beyond Congress’ power to regulate, including federal murder laws, rape and assault laws, federal truancy laws and federal child neglect laws. Learn more here.

What Could Go Wrong If The Law Is Struck Down

  • Americans With Preexisting Conditions Are Tossed Back To The Wolves. The best case scenario if the individual mandate is struck down tomorrow is that the 57 million non-elderly Americans with preexisting conditions lose the Affordable Care Act’s promise that they cannot be turned away by insurance companies. Once again, this is the best case scenario.
  • The Individual Insurance Market Starts To Unravel. If the Court strikes just the mandate, that will effectively replace the Affordable Care Act with the kind of failed insurance reform that was enacted in seven different states. Those failed reforms led to entire counties without any individual insurance providers in Washington state, and 350 percent premium spikes in some parts of the New Jersey market, among other disastrous outcomes.
  • Medicare Shuts Down. Approximately 100 million Medicare claims are processed each month using a formula that was altered by the Affordable Care Act. If the entire law were struck down, new rates could not be calculated under the old, pre-ACA formula until after a rulemaking process that can take months before is completed. The result would be that Medicare would not be able to pay doctors for what could be many months. Worse, because Medicare’s computers are not equipped to handle this kind of backlog, the Supreme Court could crash Medicare’s systems.
  • Millions Lose Medicaid. A few justices appeared sympathetic at oral argument to Clement’s argument that Obamacare’s Medicaid expansion is also unconstitutional, but appeared unable to distinguish this expansion from many other expansions that have occurred over the last 35 years. If the justices strike the Medicaid expansion, they could take away health care from millions of people who already have Medicaid in the process.

What Will Conservatives Do Next If They Win

  • Child labor Laws And The Ban On Whites-Only Lunch Counters Could Be Next. Professor Randy Barnett, one of the leading architects of the challenge to the Affordable Care Act, admitted to NPR that he thinks decades of precedents upholding national child labor laws, civil rights laws, the minimum wage and many federal laws protecting workers were “wrongly decided.” Justice Thomas has pushed this same view for years.
  • Or Maybe Medicare And Social Security. Leading Tea Party lawmakers have also claimed that Medicare, Social Security, federal disaster relief, Medicaid, national food safety inspections, and all federal education and anti-poverty programs violate the Constitution.

The Affordable Care Act is clearly constitutional, and the attacks on it cannot be squared with nearly two centuries of precedent. Smart conservatives are clever enough to realize this, and for this very reason will be clever enough to realize that they stand to win even more audacious lawsuits if the Supreme Court lets this one slide.

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