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High court upholds key part of Obama health law

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By Mark Sherman

Associated Press

Published: Thursday, June 28 2012 8:23 a.m. MDT

William Temple, of Brunswick, Ga., waits outside the Supreme Court a landmark decision on health care on Thursday, June 28, 2012 in Washington.

Evan Vucci, Associated Press

Enlarge photo»

Summary

The Supreme Court on Thursday upheld the individual insurance requirement at the heart of President Barack Obama's health care overhaul.

More Coverage
  • Supreme Court upholds individual mandate in President Obama's health care overhaul

WASHINGTON — The Supreme Court on Thursday upheld the individual insurance requirement at the heart of President Barack Obama's historic health care overhaul.

The decision means the huge overhaul, still only partly in effect, will proceed and pick up momentum over the next several years, affecting the way that countless Americans receive and pay for their personal medical care. The ruling also hands Obama a campaign-season victory in rejecting arguments that Congress went too far in requiring most Americans to have health insurance or pay a penalty.

Breaking with the court's other conservative justices, Chief Justice John Roberts announced the judgment that allows the law to go forward with its aim of covering more than 30 million uninsured Americans.

The justices rejected two of the administration's three arguments in support of the insurance requirement. But the court said the mandate can be construed as a tax. "Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness," Roberts said.

The court found problems with the law's expansion of Medicaid, but even there said the expansion could proceed as long as the federal government does not threaten to withhold states' entire Medicaid allotment if they don't take part in the law's extension.

The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, joined Roberts in the outcome.

Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas dissented.

"The act before us here exceeds federal power both in mandating the purchase of health insurance and in denying non-consenting states all Medicaid funding," the dissenters said in a joint statement.

Republican campaign strategists said presidential candidate Mitt Romney will use the court's ruling to continue campaigning against "Obamacare" and attacking the president's signature health care program as a tax increase.

"Obama might have his law, but the GOP has a cause," said veteran campaign adviser Terry Holt. "This promises to galvanize Republican support around a repeal of what could well be called the largest tax increase in American history."

Online:

http://hosted.ap.org/interactives/2012/healthcare/

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  • Supreme Court upholds individual mandate in President Obama's health care overhaul

Featured Comments

See all 12 comments »
LDS Liberal
Farmington, UT

Yes!

Now - to get rid of the middle man insurance companies and have a single payer system.

  • 8:29 a.m. June 28, 2012
  • Top comment
rick122948
boise, id

We have needed health care reform for 50 not 30 years, and now when we take a step toward freedom from the control and manipulation of the hospital conglomerates, pharmaceutical corporations and the insurance industry, why should there be an More..

  • 8:59 a.m. June 28, 2012
  • Top comment
Tolstoy
salt lake, UT

@worf
You may not like it but Obama and many members of congress ran on healthcare reform and won, we voted them into office in part on their promise to pass this law. We the employers made this decision. No it may turn out that we the More..

  • 11:27 a.m. June 28, 2012
  • Top comment
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