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Media Advisory: Heartland Institute Reacts to Obamacare Ruling

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CHICAGO, IL (PRWEB) June 28, 2012

The United States Supreme Court today upheld most provisions of the Affordable Care Act, also known as Obamacare, including the individual mandate.

The following statements from health care and legal experts at The Heartland Institute a free-market think tank may be used for attribution. For more comments, refer to the contact information below. To book a Heartland guest on your program, please contact Tammy Nash at tnash(at)heartland.org and 312/377-4000. After regular business hours, contact Jim Lakely at jlakely(at)heartland.org and 312/731-9364.

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The Supreme Court today affirmed the fundamental dishonesty of our politics. Before Obamacare is passed, the President of the United States told the whole country on TV that the individual mandate is not a tax. After Obamacare is passed, President Obama sends 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 today.

The President intimidated Chief Justice John Roberts like Hugo Chavez intimidates the Venezuelan Supreme Court. The rule of law is now dead. The American people have only one more chance now to save their country.

Peter Ferrara

Senior Fellow for Entitlement and Budget Policy

The Heartland Institute

pferrara(at)heartland.org

312/377-4000

Mr. Ferrara is a member of the bar of the Supreme Court of the United States and a graduate of Harvard Law School. He filed three briefs with the Supreme Court in this case.

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Todays decision will go down in infamy. It marks the moment when we all lost our freedom because the Supreme Court drew a road map to guide those dedicated to imposing a totalitarian, statist government on the American people.

The majority opinion on the individual mandate, authored by Chief Justice Roberts, held that, so long as failure to comply with a government directive is penalized by something reasonably called a tax, Congress can force Americans to buy anything. It can force Americans to do something, indeed anything, like eat broccoli. It can force Americans not to do something, like not be obese. Or even not sing the Star Spangled Banner. All of this would be lawful under this ruling today.

There is no limit on the evil coming, unless we amend our Constitution. A dark day for America, indeed.

Maureen Martin

Senior Fellow for Legal Affairs

The Heartland Institute

mmartin(at)heartland.org

312/377-4000

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Todays decision is a major blow against American liberty and in favor of the expansionist power of government over every aspect of our lives. The Supreme Court and Chief Justice Roberts made the unexpected decision to justify President Obamas health care law under the taxing power of the Constitution. Obamas claim that this was not a tax was a political statement, not a legal one but now it is the apparent justification for the main funding authority for his overhaul of health care.

One small silver lining for states is the restriction of the federal governments Medicaid power, preventing the government from forcing states to accept their changes to the program. But this is a small consolation given an overall ruling which leaves intact a law that is a terrible encroachment on American freedom. The fight over this unpopular law is not done, and it will continue in the courts, in the Congress, and at the ballot box.

Benjamin Domenech

Research Fellow, The Heartland Institute

Managing Editor, Health Care News

bdomenech(at)heartland.org

312/377-4000

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This administration has set many precedents in pushing forward its own agenda, and the federal health care laws Medicaid expansion penalty provision was no exception. The federal government cannot legally force states to expand, and yet here we had a blatant case of the federal government coercing states to accept the expansion provision or face a financially impossible scenario of sustaining the program on its own. With Medicaid constituting one of the largest parts of every state budget, states did not have a realistic choice, and Im relieved the Supreme Court also found that apparent.

By upholding the federal health care law, the Court has agreed to subject our nation to insufferable debt, inferior health outcomes, and a complete invasion of personal liberty and that should be disturbing regardless of political affiliation.

Kendall Antekeier

Manager of External Relations

The Heartland Institute

kantekeier(at)heartland.org

312/377-4000

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The decision by the Supreme Court that the individual mandate is constitutional as a tax may have created an expansive new federal power. Even President Obama himself said that the mandate was not a tax. The idea that the federal government can compel people to buy any product or service by imposing a fine or tax sets a dangerous precedent.

John Nothdurft

Director of Government Relations

The Heartland Institute

jnothdurft(at)heartland.org

312/377-4000

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Of all the possible outcomes, few expected this. Everything having to do with insurance coverage is upheld and implementation will proceed as before. Even if the Republicans win the election in November, they will not take office until January 2013, by which time it will be almost impossible to unwind this law. We have entered a new era of American history, all based on a corrupt and partisan legislative process.

Greg Scandlen

Senior Fellow, Health Care

The Heartland Institute

greg(at)chcchoices.org

312/377-4000

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The Court has effectively said Congress can make citizens pay a fine if they dont act in the manner Congress wants them to act. They can call it a tax but its more accurately called a fine or a penalty, which is a common criminal law sanction when a person acts in a manner not approved by the applicable legislative body. The roadmap is pretty clear for any tyrannical use of power Obama or any future president dreams up. Roberts has destroyed his legacy. He has said in the past that Wickard was one of the worst decisions ever rendered, but now he has become part of the system that has protected and expanded it.

Paul Fisher

Senior Fellow, Legal Affairs

The Heartland Institute

media(at)heartland.org

312/377-4000

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As Dickens might have said, it was the best of possible outcomes for the laws supporters, and it was the worst of possible outcomes for them. The individual mandate was upheld, but only as a tax which makes it much easier to repeal, in procedural terms. That also makes it clear what is at the heart of Obamacare: a huge new tax on everybody. In addition, the Court found the Medicaid expansion which is also central to the bill cannot go forward as written. The bill was hence deemed constitutional but made thoroughly unworkable and more easily repealed.

S.T. Karnick

Director of Research

The Heartland Institute

skarnick(at)heartland.org

312/377-4000

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President Obama himself declared the individual mandate provision is not a tax. The four dissenting justices noted, the statute repeatedly calls it a penalty.

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