Home
/
RELIGION & LIBERTY ONLINE
/
Initial Thoughts on the ‘Obamacare’ Decision
Initial Thoughts on the ‘Obamacare’ Decision
Dec 19, 2025 1:58 PM

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
SNL Skit to Congress: Don’t Buy Stuff You Can’t Afford
mentators have spilled a septic field of ink explaining what drives the Tea Party movement; and, sure, the movement plex and varied, resisting any single attempt to blah blah blah. But the core of it boils down to the Saturday Night Live skit below. The analogy runs like this: The Steve Martin character and his wife represent the ruling political class in Washington; and the Tea Party is the book author. I realize it’s not a perfect analogy. If it...
Samuel Gregg: Europe’s Broken Economies
Acton’s Research Director in the American Spectator: Europe’s Broken Economies By Samuel Gregg During September this year, much of Europe descended into mild chaos. Millions of Spaniards and French went on strike (following, of course, their return from six weeks vacation) against austerity measures introduced by their governments. Across the continent, there are deepening concerns about possible sovereign-debt defaults, stubbornly-high unemployment, Ireland’s renewed banking woes, and the resurgence of right-wing populist parties (often peddling left-wing economic ideas). Indeed, the palpable...
Of Miracles and Means
Last week I linked to Joe Carter’s On the Square piece, “What the Market Economy Needs to be Moral,” challenging his view that we need a “third way.” He has since clarified his position, and noted that what he wants is not really an alternative to the market economy but an alternative grounding, view of, and justification for the market economy. This is a position with which I wholeheartedly concur. Today I want to highlight something else from Carter’s helpful...
Almshouses in Europe from the Late Middle Ages to the Present
An interesting call for papers from H-Net, “Almshouses in Europe from the late Middle Ages to the Present – Comparisons and Peculiarities”: Within the field of poor relief and welfare, research interests have recently shifted towards the history of private charity and charitable foundations. Among these institutions, which contributed to the early modern and modern mixed economy of welfare, the almshouse played an important role as a particular form of social housing. Almshouses originated in the Middle Ages and many...
The Main Battle
In the “Wealth Inequality Mirage” on RealClearMarkets, Diana Furchtgott-Roth looks at the campaign waged by “levelers” who exaggerate and distort statistics about e inequality to advance their political ends. The gap, she says, is the “main battle” in the Nov. 2 election. “Republicans want to keep current tax rates to encourage businesses to expand and hire workers,” she writes. “Democrats want to raise taxes for the top two brackets, and point to rising e inequality as justification.” This is a...
A Federal Tax Receipt
There’s an old saying to the effect: “Show me a man’s checkbook and I’ll show you what’s important to him.” It may not be quite the same as a checkbook, but NPR’s Planet Money passes along what a receipt from the federal government might look like for an average taxpayer (HT): As Third Way, who put together the taxpayer receipt, argues: An electorate unschooled in basic budget facts is a major obstacle to controlling the nation’s deficit, not to mention...
Marketplace Revolution
Last week several colleagues and I had the opportunity to attend Partners Worldwide conference: Marketplace Revolution: Fighting Global Poverty through Business. Acton was delighted to be one of the sponsors of the event The conference had 400 people from all over the world and promoted enterprise solutions to poverty. Speakers included Africa Unchained author George Ayittey, Neal Johnson, author of Business as a Mission, among others. See the list of the speakers here. We had a chance to talk to...
Faith and Prosperity
Here is a link to a good summary of McKinsey’s report on business and Africa that can be found at Acton’s good friend Andreas Widmer’s blog Faith and Prosperity. Andreas is a former Swiss Guard turned high-tech entrepreneur who is now focusing on promoting enterprise solutions to poverty throughout the developing world. He and his colleagues Michael Fairbanks et al. run the Pioneers of Prosperity Awards in different regions throughout the world. I have had the opportunity of attending two...
The Christian Market?
Joe Carter discusses “What the Market Economy Needs to Be Moral” today over at First Things: On the Square. He rightly points to the twin errors of collectivism and atomistic individualism, each of which have been soundly criticized in Catholic Social Teaching, for instance. I do wonder, though, given that Joe acknowledges the role of free individuals (not to be abstracted from their social relationships and responsibilities, of course) whether we need a “third way” as he proposes, or simply...
Mere Comments: The Neo-Anabaptist Temptation
Today at Mere Comments I highlight what I’m calling the “Neo-Anabaptist temptation.” Check it out. ...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved