Why is everyone falsely stating the Supreme Court Ruled Obamacare Constitutional?

The Supreme Court specifically said that the mandate, while being constitutional under Congress's tax authority, is NOT a tax for the purposes of the Anti-injunction Act. They CAN and DID rule on the constitutionality of the tax.

From the decision: http://www.supremecourt.gov/opinions/11pdf/11-393c...

1. CHIEF JUSTICE ROBERTS delivered the opinion of the Court with respect to Part II, concluding that the Anti-Injunction Act does not bar this suit.

The Anti-Injunction Act provides that “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person,” 26 U. S. C. §7421(a), so that those subject to a tax must first pay it and then sue for a refund. The present challenge seeks to restrain the collection of the shared responsibility payment from those who do not comply with the individual mandate. But Congress did not intend the payment to be treated as a “tax” for purposes of the Anti-Injunction Act. The Affordable Care Act describes the payment as a “penalty,” not a “tax.” That label cannot control whether the payment is a tax for purposes of the Constitution, but it does determine the application of the Anti-Injunction Act. The Anti-Injunction Act therefore does not bar this suit. Pp. 11–15.

4. CHIEF JUSTICE ROBERTS delivered the opinion of the Court with respect to Part III–C, concluding that the individual mandate may be upheld as within Congress’s power under the Taxing Clause. Pp. 33– 44.

(a) The Affordable Care Act describes the “[s]hared responsibility payment” as a “penalty,” not a “tax.” That label is fatal to the application of the Anti-Injunction Act. It does not, however, control

whether an exaction is within Congress’s power to tax. In answering that constitutional question, this Court follows a functional approach, “[d]isregarding the designation of the exaction, and viewing its substance and application.” United States v. Constantine, 296 U. S. 287, 294. Pp. 33–35.

They could not make such a ruling for the mandate being allowed under the taxing clause unless its constitutional.

@jmare exactly.

edit:

How could 5 justices vote for it being unconstitutional when the final vote was 5-4???? How do you get 5 out of 4??? Where did you get the +1???? Also, if 5 justices voted against it it would not of been upheld but it was. Seems like you are making stuff up.

Ruling that it was within the purview of Congress to levy taxes is a de facto ruling on it's Constitutionality. And the ruling was focused on the Constitutionality of the Individual Mandate, which was ruled as a tax and therefore Constitutional.

I agree that is what did happen the first day of hearings. The opinion of Justice Roberts which is 200 pages shows how he came to his interpretation and it is not as simple as not using the Tax Act to base that decision on. There is more to it.

that's a snigger to video reveal the conservatives as they gradually understand that Obamacare is right here to stay. they have an identical difficulty with a girl's appropriate to abortions. they have an identical difficulty with all the protections for the unfavorable and center class built into our financial gadget that they call socialism. the only difficulty they like are the classic values of abuse and hard cases, which they are doing their ultimate to create. Why could we fret approximately what the GOP likes, they certainly do no longer care approximately others?

Nope. One justice (roberts) upheld the individual mandate stating that it was within congresses power to tax. He never called it a tax. The other four justices who upheld the individual mandate said it fell under the commerce clause of the Constitution. Why won't you conservatives actually read the ruling?

The 'Affordable Care Act' is clearly constitutional & ensures health care works for every american by protecting those with pre-existing conditions, enhancing coverage for women, decreasing health care for all & not to mention creating jobs & helping small businesses.

btw - the health reform law's individual mandate penalty is a fine on freeloaders & no more a tax on the middle class than littering fines are for picnickers.

'Obamacare' is a huge expansion of the Medicaid system and SCOTUS voted 7-2 that states are not required to participate in the system expansion. Most states will not actually comply.

Here's a really clear primer.

http://www.realclearpolitics.com/video/2012/07/03/...

Hoooray! thank you! this isnt done yet, by far. What kind of tax? There are 4, so which one? Back to court we go. This idiot (obama) will never impose his will over us.....never!!!!