Law & Order
John Yoo, a former Department of Justice attorney in the administration of George W. Bush who wrote the so-called “torture memos” that provided the legal rationale for the government to use “enhanced interrogation techniques” such as waterboarding and sleep deprivation is not pleased with the Supreme Court’s decision upholding President Barack Obama’s healthcare law. Mr. Yoo, who is now a professor at Berkeley law school, penned an editorial in which appeared in Saturday’s edition of the Wall Street Journal in which he speculated the healthcare ruling may allow the government to “force us to buy electric cars, eat organic kale, or replace oil heaters with solar panels.”
Law & Order
A few minutes ago, the Supreme Court issued a 5-4 ruling authored by Chief Justice John Roberts upholding the most controversial portion of President Barack Obama’s healthcare law–an individual mandate requiring most Americans to purchase health insurance or face fines by 2014. The Patient Protection and Affordable Care Act, which was the president’s signature achievement and top priority in the first part of his term, was signed into law on March 2010. It was intended to provide coverage for 50 million uninsured Americans by allowing anyone under 26 to stay on their parents’ policy, forcing states to provide Medicaid to those under 65 whose incomes are up to 133 percent of the poverty level, barring insurance companies from denying coverage or charging premiums to people with pre-existing conditions and mandating most uninsured Americans purchase insurance or face fines by 2014.
Though the Court upheld the individual mandate, they did limit the scope of the provisions forcing states to provide Medicaid. According to SCOTUSBlog, the Court ruled the individual mandate is constitutional because it can simply be read as the imposition of a tax.
The individual mandate has been the most controversial element of the law and led to 26 states challenging its constitutionality in the courts. Opponents argue the federal government cannot require to people to purchase insurance, while supporters say it is necessary regulation of commerce.
In advance of the ruling, Mitt Romney’s campaign spokeswoman Andrea Saul sent out a “campaign update” to reporters this morning summarizing the candidate’s position on the law.