There are two main reasons President Obama managed to get a health care reform law passed and upheld by the Supreme Court on a 5-4 ruling when healthcare has not made much progress since the 1960’s.
The first is that the program did not look like a “tax” and the second is through the help of Republican appointed Chief Justice John Roberts who restrained from making an activist gesture even though the gesture would have made history and was expected by the republicans and opponents of the bill.
Whether by accident, intention, natural design or political maneuvering the writers/designers and supporters of President’s the healthcare reform did not want to acknowledge or call the program what it truly was or use the word “tax”.
Healthcare tax or anything resembling a healthcare tax would not have any chance in congress or with public opinion and would have met an early death. No one wants to support or pay any new taxes.
Once the Supreme Court acknowledged that the mandate was truly a tax, they were able to up hold the individual mandate making people buy insurance/ or pay tax because it was not unconstitutional.
The Healthcare Reform Act had help from Chief Justice John Roberts who restrained from an active political conservative statement which could have struck down the law and made history at the same time.
Justice Roberts had clerked for the powerful conservative Chief Justice William H. Rehnquist. Justice Roberts have often in the past teamed up with Justices Antonin Scalia and Clarence Thomas to create a strong conservative bloc on rulings.
Healthcare Reform though necessary to ensure fair coverage for all Americans is also needed to overhaul the healthcare system, substantially reduce unnecessary spending, prioritize coverages fairly, and put the burden back into the natural order of the free market with less expenses and management by the government.
Baby steps were made with today’s ruling.
Now the question is if this Healthcare Reform will be able to cause appropriate reforms or even get through a series of anticipated appeals and survive the political processes.