[Hofstede]

Kama mtakumbuka ule mjadala wa kupitisha sheria ya Afya Marekani uliopelekea Democrats kupoteza congress kwenye uchaguzi wa 2010 leo itatolewa hukumu na SCOTUS (Supreme Court Of United States). Kwa kweli kama wakubaliana na Republicans kuwa 'Individual mandate' is unconstitutional na hivyo sheria yote kuwa Void, hili litakuwa ni pigo kubwa si tu kwa Obama, bali kwa wale wote wanapendelea mabadiliko katika bima ya afya.

Japo bado ninaamini kuwa 'Wisdom will prevail' Ila hukumu yoyote ile itakuwa ni chachu ya kuamsha hamasa kwa pande zote kuelekea November 6 election.

JUSTICE ROBERT SAVES THE DAY...5-4......

Supreme Court Health Care Decision: Individual Mandate Survives

WASHINGTON -- The individual health insurance mandate is constitutional, the Supreme Court ruled Thursday, upholding the central provision of President Barack Obama's signature Affordable Care Act.

The 5-4 majority opinion, written by Chief Justice John Roberts, upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress' commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in the majority.

The decision in Florida v. Department of Health and Human Services comes as something of a surprise after the generally hostile reception the law received during the six hours of oral arguments held over three days in March. But by siding with the court's four Democratic appointees, Chief Justice Roberts avoided the delegitimizing taint of politics that surrounds a party-line vote while passing Obamacare's fate back to the elected branches. GOP candidates and incumbents will surely spend the rest of the 2012 campaign season running against the Supreme Court and for repeal of the law.

The decision looks like a political compromise among the justices. The majority concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes."

"The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause," Roberts wrote. "That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax."

Ginsburg, writing separately for the four liberals, said they would have upheld the mandate under the commerce clause too.
On Medicaid expansion, a majority of the court upholds the expansion but with a caveat: The federal government may not threaten the states that don't comply with the loss of their existing funding.

"As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding," said the court. "Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. The States are given no such choice in this case: They must either accept a basic change in the nature of Medicaid, or risk losing all Medicaid funding. The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction. That remedy does not require striking down other portions of the Affordable Care Act."

Careful legal parsing aside, the bottom line is: The Affordable Care Act has survived.

This is a developing story. Please check back for updates.

http://www.huffingtonpost.com/2012/0...n_1585131.html

[Nyani Ngabu]

Hahaha Romney anaanza spin sasa, eti 'Will repeal and replace Obamacare' the only thing Romney has is 'Romneycare' in Massachussetts, Mi nakwambia huyu jamaa Obama anammaliza kwenye debate hana jipya. Yaani Republican this year wame-mess up sana kumuweka huyu Archtect wa Obamacare 'Mandate' kuwa mgombea wao. Issue ya Obamacare ingekuwa hot kama wangemuweka Santorum au Perry au Newt.

Eti Perry...siamini sana katika mungu lakini ngoja tu niseme mungu wangu eeeh! Yaani Perry, Santorum, na Newt? Usipokuwa serious sita engage tena na wewe. Ni heri hata mshikaji wangu Susuviri arudi.

You cannot have both ways, I was for it before I was against it because now I want to be President for United States.

Hahahaaa that's a GOP line....kumbe unawahusudu kimoyomoyo eeeh? Good to know that.

Romney is a big loser on Healthcare issue. Na mbaya zaidi hata huko kwenye biashara nako Washington post wanamwita Job outsourcer in chief.

How is he a loser when all of the polling data shows the American people oppose Obamacare? Just wait and see how the conservative massive comes together....I know for sure Democraps are scared as hell for that to happen coz they know what time it is when they are energized.

Obummer bye bye....can't wait for November to get here.

Oh by the way, if people are thinking that healthcare will be free of charge they are sadly mistaken.

[Nyani Ngabu]

Leo Rush Limbaugh anatamani kumtafuna Chief Justice John Roberts..He he he!.

Teh teh teh...closet admirer.....

Kumbe unamsikilizaga na wewe eeeh? If you think Rush is fired up listen to Sean Hannity at 3 eastern lol.

[Yegomasika]

Teh teh teh...closet admirer.....

Kumbe unamsikilizaga na wewe eeeh? If you think Rush is fired up listen to Sean Hannity at 3 eastern lol.

He he he, unajua Rush alikuwa tayari ameandaa bonge la party. Hujapata card mkuu, mimi ninayo....

[Nyani Ngabu]

He he he, unajua Rush alikuwa tayari ameandaa bonge la party. Hujapata card mkuu, mimi ninayo....

Ahh wapi...El Rushbo hakuwa kaandaa mnuso wala nini. Alikuwa very cautious katika commentary zake. Usimsingizie jemedari wetu bana.

Hii ni set up ya kuwa energize conservatives November....kalaghabaho.

[georgeallen]

What has this got to do with Us, if i may ask

[Nyani Ngabu]

What has this got to do with Us, if i may ask

I am a US citizen and my child is a US citizen.

[Yegomasika]

Ahh wapi...El Rushbo hakuwa kaandaa mnuso wala nini. Alikuwa very cautious katika commentary zake. Usimsingizie jemedari wetu bana.

Hii ni set up ya kuwa energize conservatives November....kalaghabaho.

Haya bana...hebu mwangalie Mr John Boehner anaongea, asije akaanza kulia kwani huwa hachelewi kutoa machozi huyu bwana.

[Yegomasika]

I am a US citizen and my child is a US citizen.

Like...Like...Like!.

[Buruburu]

This is a blessing in disguise for the conservative massive. The majority of the American people hate Obamacare.

Now the campaign to repeal it has just begun. Repeal and replace. Go Willard "Mitt" Romney.

I am a part of the majority and I LOVE OBAMACARE,

[mopaozi]

Hv tz lini itazingatia mambo haya?

[Nyani Ngabu]

I am a part of the majority and I LOVE OBAMACARE,

Good for you.

[Yegomasika]

Hv tz lini itazingatia mambo haya?

Mpaka baada ya miaka 400 ya uhuru!.

[Buruburu]

Good for you.

It is for the AMERICANS and not Romney's BAIN, ooops

[Nyani Ngabu]

It is for the AMERICANS and not Romney's BAIN, ooops

Okay...

[simplemind]

Out of shear curiosity i looked up the health spending per capita for world nations. USA, Norway, Luxerbourg are worlds leaders at $ 8000 per person per year. Now the shocker Tanzania lowest in Africa at paltry $ 27 per person per year. No wonder the Doctors are up in arms with the Goverment. Shame CCM.

[BAK]

Congratulations Mr President!!!!!!!!!!!!!!!!!!!!! !!!!!

...awaiting your speech Jaduong!

This is a BIG DEAL especially taking into consideration that this is an election year...Congrats Mr President!!!! A job well done.

[Chamoto]

Republican choka mbaya mwaka huu

[Mag3]

Nyani Ngabu, just out of curiosity, do you really really believe that if an open vote was held today in the US on Obamacare, that it would be defeated? I remember cautioning you a year ago on the outcome of the Supreme Court hearing but you were 100% sure that Obamacare would be thrown out. I remember telling you that this would never happen and warning that if it did, the constitutional crisis that would arise would be of such magnitude unprecedented in American history! Like most GOP fanatics, you might be an American citizen but you are completely out of touch with the feelings of the silent majority and what they would have resorted to had the Supreme Court let them down. Sweet dreams.

[Nyani Ngabu]

Nyani Ngabu, just out of curiosity, do you really really believe that if an open vote was held today in the US on Obamacare, that it would be defeated?

Yes I do. And as a matter of fact it is the same opposition to Obamacare that gave the GOP a majority in the House of Representatives in 2010 and it is the same opposition that will send Willard Mitt Romney straight to 1600 Pennsylvania Avenue in November and send your Obama back to Chicago so he can continue to be a community organizer.

[Mag3]

Yes I do. And as a matter of fact it is the same opposition to Obamacare that gave the GOP a majority in the House of Representatives in 2010 and it is the same opposition that will send Willard Mitt Romney straight to 1600 Pennsylvania Avenue in November and send your Obama back to Chicago so he can continue to be a community organizer.

You are not alone, FOX News is with you on this especially Hannity and Dick Morris! However let me remind you that Obama is a likeable bloke while Romney is not and the problem with Hannity and the gang is Obama and not Obamacare...he should never have been elected though he did. Likewise, he shouldnt remain in 1600 Pennsylvania Avenue after November 2012 but he will. Willard Mitt Romney will, like in all his previous numerous attempts, enjoy his endeavor but far far away from the place of his dreams...and that's a memo as O'Reilley would put it.