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Decision is in… for the most part Obama has triumphed.

From the Financial Times:

US Supreme Court upholds bulk of ‘ObamaCare’

The US Supreme Court has left Barack Obama’s healthcare law broadly intact but ruled that an element of the law was not valid, handing the president a political victory.


In decision written by Chief Justice John Roberts, the majority of justices ruled that the individual mandate that compelled every American to buy insurance was not valid under the commerce clause of the Constitution. But they also ruled that the financial penalty outlined in the law against people who did not buy insurance was allowed. In effect, it means that the high court agreed with critics who said the mandate as written was unconstitutional, but that the implementation of the law will proceed much as it would have if the law had been completely upheld.


The mandate can now be enforced as a tax.

So the Mandate is unconstitutional, but it still may be applied with a different definition. This, of course, means Congress has to create the tax and the forthcoming conflict will be in this area.

The most powerful number in the nation…

A quote from the Mashed Potato Bulletin… and one I can’t help but agree with:

I tell the students in my class at the City College of New York that “five” is the most powerful number in the nation. For as we have seen, five votes on the Supreme Court can pick a president—voters notwithstanding—and five votes could redefine our understanding of Congress’ power under the Commerce Clause of the Constitution—precedents notwithstanding.

So… as the President comes forward to hope that the Health Care law remain unjudiciated by the SCOTUS, we have to sit on our seat edges to see if they want to be the third legislative house.

What can we do when the Court defies the Constitution they are supposed to preserve by interpretation?