Barack Obama said that he wanted to fundamentally change the United States. With the stunning ruling by the Supreme Court on the healthcare mandate, he can now say "Mission accomplished". I will leave the analysis to legal experts like Stephen Bainbridge, but what occurs to me is that even if healthcare is eventually repealed, the Supreme Court's decision needs to be overturned. For example, assume that like Prohibition, Obamacare is overturned. If it is repealed by the Congress the harm done by the Court will still stand. If I understand it correctly, the court has essentially said that the federal government can tax anything. In making its ruling, it said that the federal government cannot mandate under the commerce clause but can tax what it would have mandated. Understand that this means the most expansion of federal power in our history. What is exempt from the Supreme Court's ruling? I cannot think of anything. Thus, in addition to having to repeal the act, a future supreme court would have to overturn the Roberts court's opinion. Otherwise, this unprecedented incursion of the federal government into its citizen's lives will stand. Need I say that the Founding Fathers who wrote the Constitution to limit the power of the federal government are literally turning in their graves.
Harold A. Black is professor emeritus in the Department of Finance, University of Tennessee, Knoxville having retired after 24 years of service. He has served on the faculties of American University, Howard University, the University of North Carolina - Chapel Hill and the University of Florida. His government service includes the Office of the Comptroller of the Currency and as a Board Member of the National Credit Union Administration. He also has served on the boards of directors Home Savings of America and its parent company, H. F. Ahmanson & Co., Irwindale, California prior to its merger with Washington Mutual Savings Bank, on the board of New Century Financial Corporation, Irvine, California, then the nation’s largest real estate investment trust and as director and later chairman of the Nashville Branch of the Federal Reserve Bank of Atlanta. He writes an occasional article for the Knoxville News-Sentinel at http://www.knoxnews.com/staff/dr-harold-black/. His web page is haroldablackphd.com