In a decision that no one expected, the Supreme Court has upheld Obama’s health care law, but with a twist.
It was clear from the questioning during the oral arguments that the Court didn’t like the individual mandate – at least in the context of the Commerce Clause.
So, Chief Justice Roberts saved the Commerce Clause from Congress, while calling the mandate a tax. This is not welcome news to President Obama and the Democrats running for re-election. With the mandate considered a tax, it makes the bill one of the largest tax increases in history. This is going to make for an interesting fall.
I’m sure many will criticize Chief Justice Roberts, but he has managed to keep the court above the politics of this issue, and that’s probably smart.
Republicans should be plenty comfortable knowing that this health care law will be the focal point between now and November. It could be 2010 all over again.