Home
/
RELIGION & LIBERTY ONLINE
/
Initial Thoughts on the ‘Obamacare’ Decision
Initial Thoughts on the ‘Obamacare’ Decision
Aug 12, 2026 11:30 AM

Obviously many people are disappointed in the Supreme Court’s ruling today. The decision was rather surprising for a number of legal and political reasons.

Writing about the HHS mandate in an mentary in January, Dr. Donald P. Condit pointed to the moral threat that his health care legislation poses. Nothing has changed with today’s Supreme Court ruling. Condit wrote:

With the passing of time, it has e painfully obvious how relativistic and clouded are this administration’s sense of ethics. The subsequent threat to our liberty is crystal clear and faith leaders representing diverse traditions are speaking out against the White House’s assault on religious freedom in the most forceful way.

It is obvious that ‘Obamacare’ strikes against every aspect of Acton’s Core Principles. You can see more related to that point on Acton’s Health Care page.

On a policy level, it was frustrating for several reasons. This decision grants government the license to impose itself in realms that are rightly left to individuals to decide. One of the ponents that allows markets to function well, increase wealth, bat the conditions of poverty that stifle human dignity and flourishing, is that the market is fundamentally a system of voluntary transactions. And that includes the decision to avoid entering a market at all.

It was also disappointing in the sense that the waters have been considerably muddied in what limits the federal government must abide by. From the Dissent, in which Scalia, Kennedy, Thomas and Alito joined:

The Court’s disposition, invented and atextual as it is, does not even have the merit of avoiding constitutional difficulties. It creates them. The holding that the Individual Mandate is a tax raises a difficult constitutional question (what is a direct tax?) that the Court resolves with inadequate deliberation.

There is a very slight silver lining though, is that five justices rejected the notion that Congress has the power under the Commerce Clause to regulate your inactivity. It pel you to act under the Commerce Clause. And while there is no obvious limit to what the court has granted Congress the ability to force you to do with its taxing power, it at least forces politicians to confront the truth when they pass laws.

From this point on, going forward any attempt by Congress to force you to do something when you would prefer to be left alone will be a tax. And I think a majority of Americans are still opposed to new taxes, especially taxes they might have to pay. And maybe soon people will remember what former Chief Justice John Marshall said in McCulloch v. Maryland, “The power to tax, is the power to destroy.” If we don’t have any limits on the power to tax, we may find our pelled to do a lot more at the behest of the government, or be destroyed.

Thoughts from others

The United States Conference of Catholic Bishops have objections to the ACA here (corrected, thanks for the menter “Drew”)Focus on the Family’s response to the ruling can be found hereThe Mackinac Center describes the impacts the health care decision will have on youHeritage describes some of the silver linings for the rulingNational Review, among their many discussions on the subject, calls the decision “Robert’s Folly”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
How to Understand Snowpiercer
Snowpiercer is the most political film of the year. And likely to be one of the most misunderstood. Snowpiercer is also very weird, which you’d probably expect from a South Korean sci-fi post-apocalyptic action film based on a French graphic novel that stars Chris Evans (Captain America) and Tilda Swinton (The Chronicles of Narnia). The basic plot of the movie is that in 2014, an experiment to counteract global warming (which is based on a real plan) causes an ice...
The Economics Of Sex
Economics, at first glance, doesn’t seem very…well…sexy. It’s all about numbers, right? How the stock market is doing, how much people are willing to spend on stuff they need or want, whether or not people have jobs. That’s economics, right? As the Rev. Robert Sirico is fond of saying, economics is fundamentally about human action. If this is true, then economics applies to sexual activity as well. In the following video (from the Austin Institute), today’s sexual landscape is examined...
Religious Left Takes Vow of Silence on Left-Wing ‘Dark Money’
When es to political and lobbying spending, it’s a mixed-up, muddled-up, shook-up world, to quote the Kinks’ Ray Davies. Leftist organizations such as the Center for Political Accountability, the Interfaith Center for Corporate Responsibility, and As You Sow seemingly check the closets and under the beds each night to ensure corporations aren’t exercising their First Amendment rights to freely engage in the political process. These shareholder activist groups work together and individually to stifle corporate speech by submitting proxy resolutions...
For the Good of Mankind, Side With the Consumer
Should we always take the side of the individual consumer? That’s the question Rod Dreher asks in a recent post on “Amazon and the Cost of Consumerism.” It’s a good question, one that people have been asking for centuries. The best answer that has been provided—as is usually the case when es to economic questions—was provided by the nineteenth-century French journalist Frédéric Bastiat. Bastiat argues, rather brilliantly, that, consumption is the great end and purpose of political economy; that good...
Get a Free Rental of ‘The Economy of Creative Service’
For the Life of the World: Letters to the Exilesisa 7-part series from the Acton Institute that seeks to examine the bigger picture of Christianity’s role in culture, society, and the world. Each Monday — from July 7 to August 18 — The Gospel Coalition (TGC) ishighlighting one episode and sharing an exclusive codefor for a free 72-hour rental of the full episode. Here’s the trailer for episode 3, The Economy of Creative Service. Visit TGC to get the code...
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
What just happened with Obamacare? In a two-to-one decision, the U.S. Court of Appeals for the District of Columbia Circuit dealt a serious blow to Obamacare by ruling the government may not provide subsidies to encourage people to buy health insurance on the new marketplaces run by the federal government. What did the court decide? Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (Obamacare) makes tax credits available as a...
Skirting The Law: Five U.S. Territories Now Exempt From Obamacare
Last week was a busy one, news-wise, and this may have slipped by you. Suddenly, 4.5 million people in the 5 U.S. territories (American Somoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands) are now exempt from Obamacare. Just like that. What’s the story? Obamacare costs too darn much, and insurance providers were fleeing the U.S. territories, leaving many without insurance or at least affordable insurance. These territories have spent the last two years begging to get...
Was The Current Border Crisis A Foreseeable Event?
In a scathing report in The Washington Post, reporters David Nakamura, Jerry Markon and Manuel Roig-Franzia detail how the current border crisis involving a surge of children from Mexico and Central America was predicted by several human rights organizations and that the Obama administration failed to act, thus creating not only the increase in children illegally crossing the border, but also the desperate conditions the children have had to endure. In 2013, the University of Texas at El Paso issued...
The Idle Rich
Over at his blog, Peter Boettke writes, “The idle rich are never really idle in a free market economy.” Now while we might want to distinguish between the rich and their riches, could it be that even in their consumption, conspicuous or otherwise, the rich are contributing to a rising tide that lifts all boats? Wesley Gant makes that related case over at Values & Capitalism: “Is It Possible to Waste Money?” Gant seems to conclude that it isn’t possible...
Roadmap Out Of The Nihilistic Void
In a gutsy, thoughtful article attheAmerican Thinker , Danusha V. Goska describes her intellectual journey from a family of card-carrying Communists to discovering she wanted to spend time with people “building, cultivating, and establishing, something that they loved.” There’s a lot to mull over in Goska’s piece, but it was her discovery of a moral and religious framework that struck me. Rather than a “nihilistic void” that had been her life, Goska encountered people whose faith informed their actions in...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved