[…] Now that the ACA has been upheld by the high court, the states can continue their work to create health benefits exchanges with some degree of certainty that they are not wasting their time (Colorado has been making progress on its exchange for well over a year already, but there’s still much to be done). There is of course an election cycle coming in a few months, and a full legislative year in 2013 that could result in changes – big or small, depending on the political outlook of the next congress – to the existing law. But the fact that the Supreme Court has upheld the law as legally valid gives it a lot more credibility than it had yesterday.
There has been some surprise in the blogging world that Justice John Roberts sided with the majority on this one. Many expected him to be of the opinion that the individual mandate and/or the entire ACA were unconstitutional. But it’s important to note that at the time he was nominated by George W. Bush, his pro-government views were regarded as a positive attribute by conservatives. Think back to the things that the government was trying to do in the middle of the previous decade. Wire tapping, TSA expansion, indefinite detainment of suspected enemy combative in the war on terror, etc. Those were issues where the government was pressing for more control, and conservatives were generally in support of that. With a new administration led by a Democrat, there are different areas in which[…]