Yes, that is becoming clear. Roberts is a sneaky and brilliant bastard. He not only stuck it to Obama, he put Obama in the position of being forced to praise him for it. I wonder if Barry still feels so smug about dissing the SCotUS while the justices were in the audience right in front of him during his State of the Union speech?
Just to sum up all the points in one post....
- Making the mandate a tax opens it up to being struck down when the penalty is first applied because the Obamacare bill originated in the Senate, not the House. All tax bills must originate in the House, per our Constitution.
- Making the mandate a tax means the whole law is a tax law. That means that only 51 votes would be needed in the Senate to repeal it, instead of the normal 60 votes required to prevent a filibuster.
- This decision, for the first time ever, puts hard limits on commerce clause powers, previously assumed to be pretty much unlimited.
- Making the mandate a tax means that the equal protection clause applies. This will open up all the waivers Obama has given to his cronies to be challenged and struck down in court, and prevents him from issuing any future waivers.
- The section of the ruling on Medicaid establishes the principle that Congress cannot withhold healthcare funding to punish states for not complying with provisions of the law. This severely limits the Congress's power over the states by taking away their biggest club it uses to beat them with.
- The Medicare section of the ruling was a huge victory for state's rights, as it prohibits the Congress from 'commandeering state resources'. This means that unfunded mandates on the states by the fedgov are now subject to constitutional challenge on this basis.
- By making the mandate a tax, that hangs a huge 'tax-raiser' banner around Obama's neck, per Hank's post below.
If more interesting points come up, I will add them to this post.