The Health Care Decision:

What does it mean, and what do we do next?


The dust has started to settle a bit, and we may be out of shock and a little less consumed by anger and disappointment. Now we are ready to take a serious look at where this leaves us and how we need to respond. We've been reading a plethora of opinions on the decision, even though that really only scratches the surface. But we thought it might be helpful if we tried to summarize what we've read and share the best with you. This email will give you the gist of what's being said without your having to read all the articles (although links to most will be included in case you want to read more). We're also including links to the best articles on various topics. We'd suggest you read our summary, and if you have extra time, one or two articles from each section.

We'll be sending out more information about the health care plan later to help you explain to others what is wrong with this law, how it needs to be changed, etc. But for now we wanted to focus on just the Supreme Court decision.

The table of contents below gives you an overview and can be used later to click to different sections as you wish. If you don't read anything else, please read the action plan and "Isn't voting enough?"



What exactly did the opinion do?

The decision has three main parts, which will be discussed further in the following two sections:

1. The court found the individual mandate consistuational as a tax. Chief Justice John Roberts joined the four liberal justices in this part of the decision.
2. However, the decision clearly states that the mandate is not constitutional under the commerce clause. Roberts, who wrote the majority opinion, was very clear that it could not be upheld under the commerce clause.
3. A majority of the justices determined that individual states cannot be forced to increase their Medicaid roles by depriving them of the Medicaid funds they currently receive from the federal government. Obviously, though, they will not receive additional funds if they refuse to comply with the parts of the law that increase the number of people eligible for Medicaid. On this section, the decision was 7 - 2 with only Justices Sotomeyor and Ginsburg dissenting.

• Obamacare will be a campaign issue. Conservatives will have an issue to rally around and will be energized. The President will be forced to defend the law, rather than talking endlessly about his supposed "accomplishments." The general conservative concensus is that this will help Romney and increase his chances of winning.
• The Commerce Clause has been narrowed. Despite upholding the mandate as a tax, Chief Justice Robert's majority opinion contained many statements about limited government that we will like and that will be used in future cases.
• The Medicaid part of the decision has gotten the least attention, but it is very important. If the law is not repealed and several states decline to participate, the entire law could be threatened. Liberal pundits are pooh poohing this, saying that states will decide to go along so this is not a concern. Maybe they will (money from the state will be used to support it with no return), but right now states are beginning to weigh in that they will choose to opt out and not participate. Only time will tell, and they probably will not make final decisions until after the election.
• We won't have to put up with listening to the left moan and groan about how conservative and activist the Supreme Court is. Yes, this is a small point, but their complaining really was irritating. More significantly, it will be harder for the left to make the argument that people should get out and vote so they get more Supreme Court appointments. That's our argument now--and really always was.
• It will be difficult for the left to make the argument (although they will try) that we should just shut up and go away because "the Supreme Court settled the matter." This is not true. First, the Consitution assumes all branches of government will make mistakes and/or try to gain too much power, which is why is was designed with checks and balances. It was assumed Congress would "fix" the mistakes the Supreme Court makes or that Congress itself makes. (And in this case, both made a big mistake.) Second, this argument is even more difficult in this case because the Roberts majority opinion implies that he does not--or at least may not--like the law. He challenges the people to elect representatives who will fix this mess.
• Since the individual mandate has been officially deemed a tax, if we win the election, reconciliation can legitimately be used to pass a repeal. This means we would only need 51 votes in the Senate, not 60.

• This week, while members of Congress are home, the TEA Party Patriots wants to get every member of Congress on video saying whether or not they would vote for repeal. The first step is to compile a list of appearances--town hall meetings, parades, etc.--that members of Congress will be making. They have a place on their website where you can enter this information so they can arrange to meet up with them and videotape them. It isn't clear just who will be asked to do the videotaping, but for now, the need is information about where members of Congress will be. So, if you have any information about any member of Congress, please go on their website and enter the information. www.teapartypatriots.org
• Go to their website and sign up for their emails if you have not already. Do the same at the state site: http://illinoisteaparty.net/. Then watch their emails, as well as ours, for further information about action plans. There are plans in the works to also get candidates for state office on record, but they are focusing on Congress now because they will be home this week. There are also further plans for them during the August recess. So keep watching.
• Michell Bachmann was the main speaker on the tele-town hall last night. She emphasized the importance of being informed about this decision, about the negative aspects of Obamacare, and about alternatives so that you can effectively explain your position to your independent and moderate Democrat friends. We will help you with that. This email is just the beginning. Use this to inform yourself about the Court's decision, and we will provide the rest soon.

• Freedom Workshas a petition that you can sign on line right now. They also have a downloadable version that you can print, collect signatures, and return to them. They are encouraging people to take these to Forth of July events to collect signatures.

• Americans for Prosperityhas an online petition: http://americansforprosperity.org/handsoffmyhealthcare/petition5/

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