[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]

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.

I'll talk to you on November 7.

[Mag3]

I'll talk to you on November 7.

In the same manner you did in November, 2008?

[wehoodie]

sign of victory to mr omera

[kmdh]

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.

Hivi wewe bado una matumaini na Republicans? Pole! Kama ni mchezo wa chess basi Obama kesha wapiga checkmate Republicans.

[Anheuser]

Obamacare was all about social justice for over 50 millions Americans living in the richest nation of the World without a healthcare......

Kivipi?

Ikisemwa Watanzania wengi hawana chakula, halafu ikaamriwa kuanzia sasa kila Mtanzania ni lazima kununua chakula; haki hiyo?

[Kobello]

Kivipi?

Ikisemwa Watanzania wengi hawana chakula, halafu ikaamriwa kuanzia sasa kila Mtanzania ni lazima kununua chakula; haki hiyo?

Siyo mfano mzuri.

[Kichuguu]

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.

Ile sheria ni nzuri sana kwa marekani, ila Democrats hawajui kui-defend kwa wananchi na republicans wanajua sana kui-distort kwa wananchi. Ukiwauliza watu wa kawaida kuhusu "affordable health care law," kama inavyojulikana, watakujibu ni mbaya sana kwa sambabu ileta "..government take over,""........ socialized medicine,"".... death panels," ".......bureaucrat interference between me and my doctor," "...........is bad for the economy," na spins za namna hiyo; details za sheria hiyo hazijulikani kwa watu wengi wa kwaida. Sasa ukivunjavunja sheria hiyo vipande vipande na kuwauliza wanachi kama wanapenda kipande kimoja kimoja, unashnagaa kuwa wananchi wote wanapenda kila kipande cha sheria hiyo tena kwa asilimia kubwa sana. Nilichoona mwaka 2010 ni kuwa democrats walikuwa timid sana katika kutetea sheria hiyo ama walielemewa na republicans katika propaganda, na kwa bahati mbaya Obama naye hajasimama imara katika kuitetea kwa makini bali anatumia maneno ya jumla jumla tu.


Ushindi wa Romney ni mgumu sana ingawa unawezekana. Romney pamoja na SUper PACs za republicans watakuwa na hela nyingi sana zaid ya mara kumi ya Obama na Democrats, lakini nadhani wana message finyu sana ambayo inaweza isilete mavuno yoyote kwao. Message ya economy inaweza kuwa inafanya kazi katika states ambazo hazitakuwa na effect kwenye uchaguzi huo, na hiyo ndiyo message pekee aliyo nayo Romney. Kwa bahati mbaya, pole pole Romney amekuwa pia anapoteza credibility kwa independents kutokana na kutokuwa na msimamo au kuwa kila upande katika kila jambo la muhimu. Let's wait and see.