Home
/
RELIGION & LIBERTY ONLINE
/
Initial Thoughts on the ‘Obamacare’ Decision
Initial Thoughts on the ‘Obamacare’ Decision
Jan 30, 2026 6:11 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
13,000 children are being denied an education over a funding fight
Millions of schoolchildren are currently out of school under state orders intended to slow the spread of the coronavirus. However, in Oregon, at least 13,000 students are being unnecessarily denied an education to benefit traditional public schools’ monopoly over education. Earlier this month, Gov. Kate Brown ordered all Oregon’s public schools closed until the end of March. She then extended that deadline to April 28. This would be unexceptional if not for the fact that she also closed online public...
Innovation vs. intervention during the coronavirus crisis
What sort of innovation, rather than government intervention, e from the current crisis? What sort of long-term changes might we see in medicine and education? Rev. Robert Sirico, president and co-founder of the Acton Institute, shares his views on what e. Be sure to check out the other videos in this series, linked below. Thoughts from Rev. Robert Sirico during the coronavirus pandemic How freer markets can help during the coronavirus crisis with Rev. Robert Sirico Government bailouts and debt:...
Three core principles to evaluate the coronavirus stimulus
As epidemiologists scramble to mitigate the impact of the coronavirus pandemic on public health, economists are evaluating its impact on the global economy. Experts in both fields absorb the flurry of data, interpret it through their scientific training and the lens of similar historical events, and endeavor to mend a path forward. Yet everyone knows that ultimately we are in unchartered waters, and possible es vary widely. As an economist, I am stunned by the nearly 10 million jobless claims...
Creativity will kill COVID-19
It is in the most desperate of times that we must not forget our principles. Globally, we are facing desperate times. In the United States, unemployment rolls doubled in just one week, climbing to 6.6 million unemployment claims for the week ending March 28, 2020. As more Americans are asked to stay at home, many have e unemployed. Additionally, the potential death toll scares us, and we beg for scientists to expedite new tests, anti-viral drugs, and vaccines. These are...
How to keep your bearings in a crisis
As the COVID-19 epidemic continues to sweep the world, people are experiencing rapid changes in all spheres of their lives. Change is mon thread of my writing on this epidemic: changes people made to protect others, changes we are called to make to grow in wisdom, and changes we are called to make to our knowledge and skills in order to meet new economic challenges and serve our neighbors’ needs. Change in all of these dimensions of life is both...
‘They want to punish the Church’: Italian priest fined for procession to fight coronavirus
The following translation is an exclusive interview that appeared in the weekend edition of the northern Italian daily La Nuova Bussola Quotidiana, which has fiercely defended Italy’s religious freedom throughout the ongoing coronavirus pandemic. Correspondent Andrea Zambrano interviewed a Roman Catholic parish priest, Rev. Domenico Cirigliano, who was slapped with a €400 fine by local police for processing with a “miraculous” crucifix. Rev. Cirigliano said he was performing essential “work” by blessing the town of Rocca Imperiale in order to...
Acton Line rebroadcast: Russell Kirk and the genesis of American Conservatism
Russell Kirk has long been known as perhaps the most important founding father of the American conservative movement in the second half of the twentieth century. In the early 1950s, America had emerged from the Great Depression and the onset of the New Deal, and was facing the rise of radical ideologies abroad; the American Right seemed beaten, broken, and adrift. Then in 1953, Russell Kirk released his masterpiece, The Conservative Mind. More than any other published work of the...
Coronavirus shows us how work impacts civilization
Many Americans are already struggling due to the ripple effects of the COVID-19 lockdown. Just last week, more than 6.6 million Americans filed unemployment claims. Some economists predict that total job losses could reach 47 million. In turn, much of our focus is rightly set on the material devastation—lost salaries, declining assets, and so on. Yet the economic lockdown brings significant social costs as well, reminding us that our economic activity has social value to our civilization that goes well...
The Great Gaetano Rebecchini: Italy’s hero succumbs to the coronavirus
Gaetano Rebecchini was a great Italian, an extraordinary witness to our traditional national values, while challenging politically correctness and representing the best of our country. Today, Italy lost a good, honest, courageous person, an example for present and future generations e. Read More… Today was the first time I learned of someone I know and respect who lost his battle to the novel coronavirus (COVID-19). He was a 95 year-old political warrior and defender of freedom: Gaetano Rebecchini. He returned...
Thomas Aquinas versus Adrian Vermeule
The relationship between law, morality, and liberty is one of those topics that invariably generates fierce debate. And it usually plays out in very predictable ways. On the one hand, there are some whose first instinct is to lurch for prehensive legal response to any number of moral evils to which legal coercion may not be the most optimal or even just response: “There ought to be a law against that!” The free choice to lie, for example, is always...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved