WASHINGTON, June 28 (Reuters) - The U.S. Supreme Court
upheld President Barack Obama's healthcare law on Thursday in an
election-year triumph for him and fellow Democrats who
championed the most sweeping overhaul since the 1960s of the
unwieldy U.S. healthcare system.
In a 5-4 ruling based on the power of Congress to impose
taxes, the nation's highest court preserved the law's
"individual mandate" requiring that most Americans obtain health
insurance by 2014 or pay a tax. The justices also preserved,
with some changes, a provision of the law expanding the Medicaid
health insurance program for the poor.
The decision - written by conservative Chief Justice John
Roberts and joined by the court's four liberals - was a setback
for Republicans who mounted unified opposition in Congress to
the law before its 2010 passage and who deride it as meddling in
the lives of individuals and in the business of the states.
Obama and Mitt Romney, the Republican challenger in the Nov.
6 presidential election, immediately responded, with the
president calling the ruling "a victory for people all over this
country whose lives will be more secure because of this law and
the Supreme Court's decision to uphold it."
"We will continue to implement this law and we'll work
together to improve on it," said Obama, speaking somberly in the
White House East Room, the same setting he used to announce the
2011 death of al Qaeda leader Osama bin Laden.
"What we won't do - what the country can't afford to do - is
re-fight the political battles of two years ago or go back to
the way things were. With today's announcement, it's time for us
to move forward," Obama added.
Romney, who pushed through a similar healthcare overhaul at
the state level in 2006 as governor of Massachusetts but opposed
Obama's law, called on voters to help him defeat the president
in order to repeal the law critics derisively call "Obamacare."
"If we're going get rid of 'Obamacare' we're going to have
to replace President Obama. My mission is to make sure we do
exactly that," Romney said on the roof of a building overlooking
the U.S. Capitol.
The healthcare law, known formally as the Patient Protection
and Affordable Care Act, is the biggest overhaul of the $2.6
trillion healthcare system in about 50 years. It was signed by
Obama in March 2010 and promptly put to the test in the courts
by 26 of the 50 states and a trade group for small businesses.
The court's decision largely vindicates Obama and Democratic
lawmakers in their attempt to fix a system that, while
representing 18 percent of the economy, leaves 16 percent of
Americans uninsured, a fact that sets the United States apart in
the industrialized world.
The U.S. system, unlike other rich countries, is a patchwork
of private insurance and restrictive government programs. The
United States pays more for healthcare than any other country,
but about 50 million of the roughly 310 million Americans still
have no insurance at all.
The Obama law was meant to bring coverage to more than 30
million of the uninsured and slow soaring medical costs.
Roberts was joined by liberal Justices Ruth Bader Ginsburg,
Stephen Breyer, Sonia Sotomayor and Elena Kagan in upholding the
law's pivotal "individual mandate" provision.
The four dissenters, all from the court's conservative wing
- Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and
Samuel Alito, took the unusual step of issuing one joint opinion
and said they would have struck down the entire law.
Kennedy, summarizing the dissent from the bench, accused the
court majority of "vast judicial overreaching. It creates a
debilitated, inoperable version of healthcare regulation that
Congress did not enact and the public does not expect."
'CHARACTERIZED AS A TAX'
Opponents said the individual mandate was an overreach by
the federal government and that Congress had exceeded its
powers. The court was deeply divided on this issue, but the
majority ruled that Congress's taxing authority allowed the
mandate.
The law's "requirement that certain individuals pay a
financial penalty for not obtaining health insurance may
reasonably be characterized as a tax," Roberts wrote for the
court's majority.
"Because the Constitution permits such a tax, it is not our
role to forbid it, or to pass upon its wisdom or fairness,"
Roberts wrote.
In another part of the decision, the court said Congress
went too far in a part of the law that requires states to expand
the government's Medicaid health insurance program for the poor
with the goal of covering more of the uninsured.
The court said this problem can be fixed by precluding the
federal government from stripping states of existing Medicaid
funds if they did not comply with the expansion, and that this
did not require striking down other parts of the law.
DRAMATIC DAY AT COURT
The court began its session much as it always does. At 10
a.m. sharp, the marshal's familiar cry of "Oyez! Oyez! Oyez!"
rang out as the nine justices entered through heavy scarlet
drapes and took their seats at the tall mahogany bench.
The looks on their faces gave nothing away. As he took a
seat, Chief Justice Roberts smiled slightly in the direction of
the justices' guest seats, where his wife, Jane, was sitting.
As he and other justices read statements, it became obvious
that Roberts, appointed by Republican President George W. Bush
in 2005, had been the crucial vote upholding Obama's law.
Roberts showed he had taken control over a divided bench. He
highlighted flaws in the administration's arguments and stressed
the majority was not commenting on the wisdom of the law.
Rather, he said, if it could be upheld, the court must
uphold it. He said it was not the job of the judiciary "to save"
the nation from policy choices made by elected legislators.
Romney and the Republicans had hoped the Supreme Court would
gut the law. Deprived of that outcome, they can now continue
pressing the attack on Obama on the campaign trail, but their
hopes for a rollback or repeal will hang on legislation,
unlikely before the elections, and on the voting public, whose
views are mixed.
"What the court did today was say that Obamacare does not
violate the Constitution," Romney said. "What they did not do is
say that Obamacare is good law, or good policy."
About 56 percent of Americans said they opposed the law in a
Reuters/Ipsos poll released on Sunday. When asked about its
individual provisions, however, most respondents said they
strongly supported them, except for the individual mandate,
which was opposed by 61 percent of those surveyed.
Most respondents in the survey favored banning insurers from
denying coverage to people with pre-existing conditions; letting
young adults stay on their parents' insurance plans until age
26; and making companies with more than 50 workers offer
insurance to their employees. All are parts of the law.
So are the creation of state-based exchanges to offer health
insurance; insurance premium assistance to poor people; and
insurance tax credits for those just above the poverty line.
Jamie Thompson of Harleysville, Pennsylvania, who has a
daughter with cystic fibrosis, welcomed the ruling.
"My daughter's healthcare costs a fortune. She's 10. We
haven't gotten to the end of the line, but we've been told it's
not uncommon for cystic fibrosis kids to discover they've used
up their lifetime benefit from healthcare," he said. "It means
she will have healthcare when she needs it."
House of Representatives Speaker John Boehner, the top
Republican in Congress, said, "Today's ruling underscores the
urgency of repealing this harmful law in its entirety."
Eric Cantor, the No. 2 Republican in the House, said the
House would vote on July 11 on legislation that would repeal the
law. The Democratic-led Senate is certain to block any repeal
legislation coming out of the Republican-controlled House.
Democrats hailed the court ruling as a posthumous victory
for a longtime healthcare reform champion, Senator Ted Kennedy,
who died in 2009. House Democratic leader Nancy Pelosi said she
called his widow Vicki Kennedy to say: "Now, Teddy can rest."
Shares of hospital chains jumped, while large health insurer
stocks fell after the ruling. Widening the pool of paying
patients stands to benefit hospitals, which are often left to
cover the high medical bills of the sick who have no coverage.
(Reporting by James Vicini, Jonathan Stempel and Joan Biskupic;
additional reporting by David Morgan, Donna Smith, Deborah
Charles, Thomas Ferraro, Jeff Mason, Alister Bull, Laura
MacInnis, Lewis Krauskopf, Julie Steenhuysen and Kevin
Drawbaugh)
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