BY GRASSROOT INSTITUTE OF HAWAII – Early this morning, the Supreme Court announced their ruling in NFIB et. al. vs. Sebelius et. al., also known as the Obamacare case. By a 5-4 decision (with Chief Justice Roberts writing the majority), the Court upheld the constitutionality of the individual mandate contained in the law. Curiously, the mandate was NOT found constitutional under the Commerce Clause, but rather as an extension of Congress’ taxation powers.

Read the full decision here:

GRIH President Richard O. Rowland said: “When a retail store advertises an item for sale at $2.99 only to say to you when you visit to buy the item, sorry, we are sold out, but we have this similar product for $35.99, that is bait and switch.

“Bait and Switch is exactly what the US government has done with the so-called Obamacare law. The law and the sale of it to Congress and the people of our nation expressed that the proposal was NOT a tax. Now the Supreme Court has declared it a tax. And, it is a huge one. And it has the middle class as its principal victim.

“However, there is good news. The fact that the action was declared NOT legally under the Commerce clause of the Constitution is a great relief because that would have opened a Pandora’s Box of unintended and unknown consequences.”

For further commentary and analysis, look to these friends and members of the Grassroot Institute of Hawaii.

Ilya Shapiro (Member, Board of Scholars) of the CATO Institute:

Michael Cannon of the CATO Institute:

Danny de Gracia (GRIH Economic Policy Advisor):

Hawaii Reporter (fellow member of the Hawaii Liberty Coalition):




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Grassroot Institute of Hawaii is a nonprofit, nonpartisan research institute dedicated to the principles of individual liberty, the free market, and limited, accountable government. Through research papers, policy briefings, commentaries and conferences, the Institute seeks to educate and inform Hawaii's policy makers, news media, and general public. Committed to its independence, the Grassroot Institute of Hawaii neither seeks nor accepts government funding. The institute is a 501(c)(3) organization supported by all those who share a concern for Hawaii's future and an appreciation of the role of sound ideas and more informed choices.