June 28, 2012 — “The Supreme Court today affirmed the fundamental dishonesty of our politics,” said Peter Ferrara, general counsel for the American Civil Rights Union, which filed seven amicus briefs challenging the Affordable Care Act.
“Before Obamacare passed, the President of the United States told the whole country on TV that the individual mandate is not a tax. After Obamacare passed, Barack Obama sent his lawyers into courts all over America to argue that it is constitutional because it is a tax.
“The Supreme Court of the United States just endorsed this fundamental dishonesty of our politics. The President intimidated Chief Justice John Roberts like Hugo Chavez intimidates the Venezuelan Supreme Court,” Ferrara continued. “The Rule of Law is now dead. The American people have only one more chance now to save their country.”
“The Supreme Court failed to do its duty to rein in the patently unconstitutional Affordable Care Act today,” said Susan A. Carleson, chairman of the ACRU.
“The Court agreed with our brief that the Commerce Clause does not grant Congress the power to impose the individual mandate to purchase health insurance,” she said. “Unfortunately, the Court majority chose to honor the Obama Administration’s bait and switch in calling the mandate a ‘tax.'”
The ACRU brief states:
“The Commerce Clause grants Congress the power to regulate interstate commerce. It does not grant Congress the power to compel individuals to enter into interstate commerce. The Congress itself has recognized this for 220 years, as it has never before enacted a law compelling individuals to purchase particular products and services.”
The Court also in effect overturned the Medicaid mandate on the states, saying the federal government could not punish states that declined to accept new Medicaid funding.
In the ACRU’s brief to the U.S. Supreme Court in States of Florida, et al v. United States Department of HHS, the ACRU argued that the law’s Medicaid provision violates the Coercion Doctrine, which holds that the national government may not force states to adopt policies with laws “so coercive as to pass the point at which ‘pressure turns into compulsion’ (South Dakota v. Dole, 1987).”
“Overall, the Roberts Court got it very, very wrong, and upheld socialized medicine. But this won’t be the last word on the unconstitutional imposition of Obamacare,” Carleson said. “It just means that the American people must get off their couches, get involved in the process, and elect people in November who respect the Constitution and will fight to defend our freedoms. They can start by going to ProtectYourVote.us.”