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Best Answer mbuggieh says
Excellent answer! It will not be the first time this has happened. If the new law is constitutionally challenged as was Obamacare it will be sent to the Supreme Court. Parties unhappy with Obamacare still want to repeal it but it would be vetoed.
A new Congress and new president will, very surely, take up the issue of Obamacare/Affordable Care Act despite the fact that the Supreme Court has ruled its mandate constitutional. And, SCOTUS can, and does, reverse itself if only rarely.
In reality the court didn't exactly rule the mandate constitutional. They said since you still aren't really mandated under the law as you have the right to pay a fine instead, then it is a tax. And the constitution permits the gov't to levy taxes.
Right...SCOTUS accepted the claim of the government's lawyers that the fine was or acted as a tax, and is therefore, as constitutional.
Agreed. I was simply pointing out that in the opinion, they didn't not accept the premise that the gov't could mandate you to buy anything. Only that the gov't could freely tax you. Although a tax for failing to buy something was a new precedent.
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Nancy's Niche says
"If the decision interprets a federal law, Congress can amend or replace the law to correct its deficiency." The Hobby Lobby case was an interpretation of federal law, not the Constitution.