Home
/
RELIGION & LIBERTY ONLINE
/
Initial Thoughts on the ‘Obamacare’ Decision
Initial Thoughts on the ‘Obamacare’ Decision
Jan 12, 2026 10:01 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
The invisible sources of entrepreneurship
Entrepreneurs take risks, they see opportunities that others do not, and they turn those opportunities into businesses. It’s perhaps counterintuitive, but this risk-taking actually requires stable social foundations. Entrepreneurs need to know that ground is solid before they risk a jump. Read More… There is great enthusiasm for entrepreneurship these days. There are social entrepreneurs, intellectual entrepreneurs, educational entrepreneurs and even intra-preneurs (entrepreneurs within their panies). Entrepreneurs like Steve Jobs and Bill Gates are held up as model citizens. Magazines...
Arthur Koestler Here and Now
On The Freeman, PowerBlog contributor Bruce Edward Walker marks the 70th anniversary of the publication of Arthur Koestler’s Darkness at Noon and the essay “The Initiates” published a decade later in The God that Failed. As Walker notes, “it’s a convenient opportunity to revisit both works as a reminder of what awaits all democratic societies eager to abandon liberties for the sake of utopian ideologies.” Koestler’s Noon, he says, is where the author is at the height of his powers...
Religion & Liberty: An Interview with Metropolitan Jonah
Religion & Liberty’s summer issue featuring an interview with Metropolitan Jonah (Orthodox Church in America) is now available online. Metropolitan Jonah talks asceticism and consumerism and says about secularism, “Faith cannot be dismissed as partmentalized influence on either our lives or on society.” Mark Summers, a historian in Virginia, offers a superb analysis of religion during the American Civil War in his focus on the revival in the Confederate Army. 2011 marks the 150th anniversary of America’s bloodiest conflict. With...
VIDEO: Anthony Bradley on ‘Black and Tired’ at The Heritage Foundation
Acton Research Fellow Dr. Anthony Bradley spoke about his book Black and Tired: Essays on Race, Politics, Culture, and International Development at The Heritage Foundation earlier this month, and the video is now online. Dr. Bradley explained just why he called his book “Black and Tired:” The hopes and dreams, aspirations, virtues, institutions, values, principles that created the conditions that put me here today, are being sabotaged and eroded by those who have good intentions, but often do not think...
Samuel Gregg: Imitate Sweden’s Economic Liberation, Not Her Failed Socialism
Acton’s director of research Samuel Gregg has a piece over at The American Spectator that may surprise big government liberals. (We know you read this blog.) In “Free Market Sweden, Social Democratic America,” he lays out the history of Sweden’s social democracy — its nature and its effects on the country’s economy — and then draws lessons for the United States. The Scandinavian country isn’t quite the pinko nanny state Americans like to look down upon, and we’ve missed their...
Roger Scruton: No escaping morality in economics
Roger Scruton has written an excellent piece on the moral basis of free markets;it’s up at MercatorNet. He begins with the Islamic proscriptions of interest charged, insurance, and other trade in unreal things: Of course, an economy without interest, insurance, limited liability or the trade in debts would be a very different thing from the world economy today. It would be slow-moving, restricted, paratively impoverished. But that’s not the point: the economy proposed by the Prophet was not justified on...
Charles Schwab and Ted Leonsis: ‘We aren’t the problem’
Billionaire Democrat Ted Leonsis wrote a posting titled “Class Warfare – Yuck!” on his blog yesterday, in which he implored the president, to whose campaign he donated the maximum amount: “Hit a reset button ASAP. Rethink how to talk to businesses and sell business leaders on your plan to make America great! Many of us want to be a part of the solution. We aren’t the problem.” Today, Charles Schwab published an opinion piece in the Wall Street Journal, and...
Why the Journal of Markets & Morality?
In the latest issue of Religion & Liberty, Acton Institute executive direct Kris Mauren answers the question, “Why does the Acton Institute publish the Journal of Markets & Morality?” For more, check out my interview with Micheal Hickerson of the Emerging Scholars Network. You can support the work of the journal by getting a subscription for yourself or mending a subscription to your library of choice. ...
Top 5 Lessons from the Solyndra Failure
The green tech firm Solyndra secured at $535 million federal loan guarantee in 2009 and was touted as an example of a promising green future. A month ago, pany went bankrupt. Here are the top five lessons we should learn from Solyndra’s collapse. 5. Both sides of the aisle are involved. Republican support of federal “investment” is routine — in fact, the DOE program that made Solyndra’s loan was approved by President Bush. It is true that Solyndra’s original application...
The Need to be a Victim
For some, in our still largely affluent society, there is a deep seated need to be a member of the victim class. The background of your socioeconomic privilege is no obstacle, as they must create a narrative that points to being a victim. While some might aspire to sainthood, others aspire to victimhood. This video and report courtesy of The Blaze sums it up well. It would be unfortunate if charades like this drown out the real instances of injustice...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved