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Justice Roberts : "It Is Not Our Role To Forbid It"


Chief Justice John Roberts announced the court’s judgment that allows the law to go forward with its aim of covering more than 30 million uninsured Americans. Roberts provided the swing vote to uphold the president’s health care law as the court ruled 5-4. The court’s four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, joined Roberts in the outcome.

Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas dissented.

The justices rejected two of the administration’s three arguments in support of the insurance requirement. But the court said the mandate can be construed as a tax. “Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness,” Roberts said.

The court found problems with the law’s expansion of Medicaid, but even there said the expansion could proceed as long as the federal government does not threaten to withhold states’ entire Medicaid allotment if they don’t take part in the law’s extension.



1 Comments in Response to

Comment by Dennis Treybil
Entered on:

When Roberts is right, he's right.

In a Republic, the people hold supreme power.

The law (legislation) is supposed to represent the will of the people.

Oddly enough, Roberts' words as cited in the headline for this article are correct.  Federalist Paper 78 supports Roberts in as much as the courts are not supposed to substitute their will for the will of the people.

This ill-advised legislation was created by Congress.  Let Congress repeal it.  I saw another article on Freedom's Phoenix that spoke of an upcoming vote to do just that.

If this Congress won't do that, let's seat one that will.

DC Treybil

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