Home
/
RELIGION & LIBERTY ONLINE
/
Initial Thoughts on the ‘Obamacare’ Decision
Initial Thoughts on the ‘Obamacare’ Decision
Jan 16, 2026 5:10 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
For the tax-weary: a free e-book from Acton!
Since your wallets are probably a bit lighter due to Tax Day here in the United States, Acton wants to help out by giving you a free e-book: Globalization, Poverty and International Development. Just follow the link, Globalization, to get our monograph from Lord Brian Griffiths delivered free to your Kindle or e-reader. This offer is available beginning at 3 a.m. EST, 4/17/12 until 3 a.m. EST, 4/19/12. ...
Can Anything Good Come from Hollywood?
How mon good and prosperity e from an unlikely place. An interview with Gary Stratton by Jon Hirst. Today we share an interview with Gary David Stratton, PhD, Chairman of the Christian Ministries Department at Bethel University, Teaching Pastor at Basileia Hollywood, Senior Editor at , and Director of the Hollywood Bezalel Initiative. You can follow Gary on Twitter @GaryDStratton. What happens when you mix Hollywood, the local church and academia? Few would imagine such a concoction, but that amazing...
Finding the Proper Balance Between Subsidiarity and Solidarity
Subsidiarity has es shorthand for smaller government, while solidarity is now shorthand for expansive government. But as Msgr. Charles Pope explains, there is more nuance to the terms than the reductionist slogans suggest: Precise meanings have been lost – The problem that has emerged is that Catholics, and others, have taken these terms into the political arena and, as might be expected, these rather careful and nuanced Catholic terms have been reduced more to slogans, and are fast losing their...
U.S. Appeals Court Opinion Criticizes Supreme Court Precedents That Undermine Economic Freedom
Legal scholar Orin Kerr provides excerpts from the concurring opinion today in Hettinga v. United States, in which Judge Janice Rogers Brown (joined by Judge Sentelle) argues that the Supreme Court should overturn its rational basis caselaw in the economic area and return to a Lochner-era regime of judicial scrutiny for economic regulations: The practical effect of rational basis review of economic regulation is the absence of any check on the group interests that all too often control the democratic...
Continuing to Remember the Poor
All they asked was that we should continue to remember the poor, the very thing I had been eager to do all along. Galatians 2:10 NIV This video is part of an extended interview with Rev. Dr. John Dickson (Director, Centre for Public Christianity and Senior Research Fellow, Department of Ancient History, Macquarie University) for The Faith Effect, a project of World Vision Australia. (HT: Justin Taylor) Update: I should also add that a useful collection of primary texts on...
Catholic Bishops Defend Religious Liberty
The United States Conference of Catholic Bishops’ (USCCB) Ad Hoc Committee for Religious Liberty released an Easter week statement titled “Our First, Most Cherished Liberty.” The document outlines recent threats to religious liberty in the States and abroad while endorsing an ing “Fortnight for Freedom” to defend what it calls “the most cherished of American freedoms.” We suggest that the fourteen days from June 21—the vigil of the Feasts of St. John Fisher and St. Thomas More—to July 4, Independence...
Samuel Gregg — Benedict XVI: God’s Revolutionary
The pope turns 85 today. On the website of Crisis Magazine, Acton Research Director Samuel Gregg looks at this most prominent of “status-quo challengers.” While regularly derided by his critics as “decrepit” and “out-of-touch,” Benedict XVI continues to do what he’s done since his election as pope seven years ago: which is to shake up not just the Catholic Church but also the world it’s called upon to evangelize. His means of doing so doesn’t involve “occupying” anything. Instead, it...
What Sam Spade Can Teach Social Entrepreneurs
The noir heroes like Sam Spade in “The Maltese Falcon” served as models for a generation of Americans, says David Brooks. The new generation of apolitical social entrepreneurs could learn from them too: . . .[T]he prevailing service religion underestimates the problem of disorder. Many of the activists talk as if the world can be healed if we could only insert more passion and resources into it. History is not kind to this assumption. Most poverty and suffering — whether...
Slum Dwellers in India Save for Private Schooling
As Michelle Kaffenberger points out, parents in the poorest parts of India share a concern of many Americans: Their children don’t actually learn much in the public schools. A recentEconomistarticle states that between a quarter and a third of school children in India attend private schools. In India’s cities, experts estimate as many as 85 percent of children attend private schools. According toanother report, 73 percent of families in Hyderabad’s slum areas send their children to private schools. Additionally, private...
The Paradox of Public Education
Schools are controlled by the government, but they serve munities with niche needs, says Paul T. Hill, founder of the Center on Reinventing Public Education. Is there a way that education be publicly funded but privately managed? Public education struggles with two conflicting facts. First, public schools are small craft organizations that require close teamwork and constant adaptation to the unpredictable development of students. Second, they are government agencies always subject to constraints imposed through politics and legal processes. In...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved