Update: It’s a TAX!!!! Not the Commerce Clause, but tax and spend. Mandate upheld: what now?:
“The opinion actually ruled that the mandate violates the Commerce Clause, but as a tax that no longer matters.
It’s an interesting argument, but one that should have Americans worried. Basically, this is a tax that you have to pay to private companies. For all of the screaming the Right did over single-payer — and for good, outcome-based reasons — at least the taxes raised to fund it would go directly to government. The Supreme Court has signed off on what is, in very practical terms, a tax levied by the insurance industry on Americans simply for existing. It’s an amazing, and fearsome, decision that really should have both Right and Left horrified. [snip]
By the way, don’t forget when Obama insisted that this wasn’t a tax, via Patterico:
So what now? Mitt Romney and Republicans can now run on repeal as a big issue in the campaign. They should emphasize the tax argument when they do, because this tax hits em>everyone. The ruling may alleviate some of the bad polling the ACA has received, but probably not by much. It’s going to remain deeply unpopular for the next few months. On top of that, the decision to uphold the law also means that the fight is still on over the HHS contraception mandate. We can expect the Catholic bishops to keep up the pressure on the Obama administration’s attempt to define religious expression for the purpose of controlling and limiting it — and we can probably expect the challenge to it to reach the Supreme Court, too.
This started off as a political fight, though, and it’s now clear that it has to get resolved as a political fight.
The Commerce Clause has been clipped. Medicaid Expansion might be destroyed and the states might be able to kill the entire stinking mess. But the Obama Health Scam has been upheld. Upheld! Why? Because it’s a TAX! It’s a SCAM as we said all along. It’s a TAX even though Obama said “Read my lips, it’s not a tax.”
Read what we wrote on March 24, 2010:
“It’s not a mandate – it’s a tax! We’re not the ones saying it. It’s the Obama defense. It’s a tax.
Obama promised his version of “Read My Lips – No New Taxes” during the primary and general election campaign. Obama attacked his opponents and said he would never raise taxes for those making less than $250,000. But now “It’s a Tax!” is the Obama defense.
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Yale’s Jack Balkin anticipated some of the arguments the Attorneys General would pursue. Here is Balkin’s defense of the Obama health scam, from a legal perspective:
“Second, it is not actually a mandate. It is a tax, which people would not have to pay if they purchased health insurance. The House bill imposes a tax of 2.5% on adjusted gross income if a taxpayer is not part of a qualified health insurance program. The Senate bill imposes what is called an “excise tax” — a tax on transactions or events — or a “penalty tax” — a tax for failing to do something (e.g., filing your tax return promptly). The tax is levied for each month that an individual fails to pay premiums into a qualified health plan.”
It’s a tax. “Read my lips” Obama style:
The IRS will be the enforcer. It’s a tax.
Barack Obama attacked Hillary Clinton and John McCain and Sarah Palin by declaring one or all of them were too divisive whereas he would be “a uniter not a divider”, he would pass health care with a ton of bipartisan votes, they were for taxes and he would not raise taxes for those making less than $250,000, they were for mandates whereas he was against mandates, they were for taxing health insurance plans whereas he was against raising taxes on health insurance plans, they would penalize those who did not buy health insurance he would not…. Lies all.
This all goes to show:
Obama simply cannot be trusted. Obama cannot be trusted on any issue. Obama cannot be trusted by his friends. Obama cannot be trusted by his enemies. Obama cannot be trusted.
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Mandate-mas III, the Finale is a gold chunk because the Commerce Clause as a rationale is a failed argument. But it is a TAX!
The states probably have an opt out because the Supreme Court has gutted the Medicaid Expansion. But little consolation – IT’S A TAX!