Sen. Lee to Newsmax: The Court 'Let This One Go'

Thursday, 28 Jun 2012 07:09 PM

By Todd Beamon and Kathleen Walter

  Comment  |
   Contact Us  |
|  A   A  
  Copy Shortlink
The U.S. Supreme Court’s decision upholding Obamacare “shifts the constitutional analysis back to the people,” Utah Sen. Mike Lee tells Newsmax.TV.

“It becomes that much more of an election issue. Any time you have the courts declining to invalidate something as unconstitutional, it shifts the constitutional analysis back to the people,” the Republican senator, a constitutional lawyer who has clerked for Justice Samuel Alito, told Newsmax on Thursday.

“It shifts back to the people the prerogative of deciding what kind of government they want to have. So in this instance, the court let this one go.

“The people are going to demand that their representatives in Congress do better than this. And they’re going to demand that Congress allow individual Americans to make their own health care decisions.”

Story continues

Lee praised the court’s 5-4 decision, adding that he had not yet discussed it with his former boss, Justice Alito.

“It’s a historic day. This is a good day for America in that the Supreme Court recognized there are limits Congress’ power.

“This is good for Americans who felt like it was wrong for Congress to be able to claim the power to do just about anything.

“At the same time, it’s a disappointment to those of us who look at the mandate and are concerned with it because the court, at the end of the day, upheld the mandate. Upheld it like including that it was a tax, even though Congress and the president said it was not a tax.”

The first-term senator was surprised that Chief Justice John Roberts aligned himself with the court’s liberal majority – but even moreso at “how he did it, the fact that he concluded that the individual mandate amounted to a tax.”

In his majority opinion, Roberts wrote that the individual mandate requiring uninsured Americans to buy health coverage was constitutional because its penalty was in effect a tax – bringing it within the taxing authority of Congress.

“I strongly disagree with this conclusion,” he added. “I didn’t see this coming, and none of the court watchers that I know and that I confer with regularly saw it coming.

“It was shocking. It was surprising, and it was wrong. I respect the fact that it’s the ruling of the court, but the court made a mistake.”

States can refuse to implement Obamacare, Lee said, but “there are, of course, consequences to that. They stand to lose significant federal funding if they do.

“But that’s where one aspect of the court’s ruling today comes in handy, which is that – at least with respect to the Medicaid expansion provisions – the states will be permitted to refuse to implement those because forcing them to do so would, as the Supreme Court concluded today, amount to unconstitutional coercion.”

© 2014 Newsmax. All rights reserved.

  Comment  |
   Contact Us  |
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
Zip Code:
Privacy: We never share your email.
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

NY Governor Hopefuls Debate Economy, Leadership

Wednesday, 22 Oct 2014 22:20 PM

New York Gov. Andrew Cuomo and his Republican challenger traded insults and clashed over the economy and corruption duri . . .

Experts: GOP Digital Talent Gap Needs to Close by 2016

Wednesday, 22 Oct 2014 22:05 PM

The GOP has a massive digital talent gap going into the 2016 presidential race, experts say.
While President Bara . . .

Texas' Davis Says She Would Welcome Obama Visit

Wednesday, 22 Oct 2014 21:10 PM

Democrat Wendy Davis said Wednesday she would welcome President Barack Obama campaigning for her in Texas after largely  . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

America's News Page
©  Newsmax Media, Inc.
All Rights Reserved