Supreme Court upholds Obamacare, but not under the Commerce Clause

June 28, 2012 − by CIR − in Blog, Case Updates − Comments Off on Supreme Court upholds Obamacare, but not under the Commerce Clause

Today the United States Supreme Court, in a 5 to 4 decision, ruled that the Patient Protection and Affordable Care Act is constitutional.  In an opinion by Chief Justice Roberts, the Court (agreeing with CIR) did not find that the Commerce Clause granted Congress the power to require Americans to buy health insurance.  Rather, the Court upheld the penalty that the Act imposes for noncompliance with this requirement under Congress’s taxing power.

  • Read the Court’s decision
  • Read Daily Caller reaction to the decision, including from CIR’s Michael Rosman
  • Read Point of Law analysis from Rosman and others
  • Listen to Rosman’s podcast on the decision

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