Sunday, July 01, 2012

SCOTUSBlog Interview

SCOTUSBlog was one of the few media outlets that did a decent job of covering SCOTUS-- not just on the day of the ruling but also leading up to the decision. Slate's political gabfest also did a good job. Who didn't? Fox News, CNN, ABC, CBS, NPR and the rest of the mainstream media. Our media did us a great dis-service. On the day SCOTUS heard the arguments, most reporters misinterpreted SCOTUS and nearly all of them believed SCOTUS would strike the mandate and effectively end Obamacare.
The American Constitution Society for Law and Progress said that 85% of legal scholars agreed that based on law, Obamacare would be upheld. That information was drowned out by a media that chose to cover only tea party views.
If you're confused by the is-it-a-tax-or-a-penalty game, a republican game, that the media has now taken up, read this.
Essentially, the mandate to buy insurance was labeled a penalty so the case could be heard by SCOTUS. If it was called a tax, then SCOTUS would have to wait until people were taxed and a suit was filed.
Whether you call it a tax or a penalty, it doesn't really matter. What matters is only those who choose NOT to buy insurance will pay a penalty (tax), which the CBO estimates will be 1%.