US Politics Analysis: How Chief Justice Roberts Saved ObamaCare...and Gave the President an Election Problem

Chief Justice John Roberts' opinion has rewritten the dynamics of the upcoming Presidential election. With Obamacare being declared constitutional as a tax, the face-value victory for the Administration may well cost Obama the White House in November.

The law was already unpopular with many Americans who saw it as an unconstitutional infringement on their rights. A majority of the Court agreed with them, but the salvation of the Affordable Care Act is that it is a Federal tax.

So after the dozens of pages of legal opinion, a one-sentence question: can you imagine the political advantage Mitt Romney and Republicans will try to take from the President being forced to defend that new tax scheme?

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US Politics Opinion: Getting Mad at the Supreme Court Over ObamaCare

It has been a distressing three days in the Supreme Court for liberals who, two years ago, initially scoffed at the suggestion of a constitutional challenge to the ACA. They have not reacted in with the consideration that they so often mock conservatives for lacking.

The reality is that there is a credible case for the individual mandate being unconstitutional. Condemning the Court, before it has even made a decision, is an evasion of the legal process --- whatever the eventual decision --- and it is poor politics, especially in an election year. There are alternatives for those seeking wider provision of health care, but they will disappear without an Obama second term.

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US Politics: Beyond the Budget Dispute, A Crisis in Health Care

The starting point for the health care debate is that the US spent nearly $2.2 trillion, or $7,400 per person, on health care in 2007. To put that in context, $2.2 trillion is double the total of discretionary spending, which includes defense, in 2010, and itrepresents 16% of America's annual GDP.

Those numbers and percentages have been been rapidly rising in real terms over the last 40 years. The US spent $714 billion on health care in 1990 and $253 billion in 1980; as a share of GDP, health care has increased from 7.2% in 1970 to a projected 20.3% in 2018.

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