UPDATE 9:22a: philipklein tweet: “SCOTUS: ‘The Medicaid expansion thus violates the Constitution’– says states have choice on participating in expansion.’” SCOTUSblog tweet: “Expansion of Medicaid is constitutional (key), but States can’t be stripped of funds for not complying with expansion provisions.”
UPDATE 9:17a: The individual mandate will become a tax. Taxpayers will still be forced to pay for abortions. SCOTUSblog tweet: “From the Court: The mandate max [may?] be regarded as a tax. ‘That is sufficient to sustain it.’” philipaklein tweeet: “SCOTUS: Mandate ‘may reasonably be characterized as a tax.’ It survives.”
UPDATE 9:15a: The mandate is constitutional. Chief Roberts joined four liberal justices for majority opinion. SCOTUSblog tweet: “CJ Roberts fifth SCOTUS vote saved the ACA.”
UPDATE 10:13 a: Medicaid provision limited but not invalidated.
UPDATE 10:10a: Correction – Individual mandate is UPHELD as a tax. Said to be constitutional. Court rules individual mandate will become a tax. It appears the law will stand – not under Commerce Clause of Constitution but taxing powers of Congress.
UPDATE 10:08a: The individual mandate has been ruled UNCONSTITUTIONAL!
9:42a: The Supreme Court’s decision on the Obamacare mandate is due at 10a EST. I’ll post it as I learn it.
As a reminder, the Court’s options are:
- Punt (say law can’t be challenged until people have paid the tax)
- Strike down the mandate
- Strike down the mandate and anything linked to it
- Strike down the Medicaid expansion
- Strike down the entire law
- Uphold the entire law
According to a poll I have running, most of you think the Supremes will choose #5 – strike down the entire law. We can only hope.