Talk about bitter irony. The details of the Supreme
Court's decision upholding the ObamaCare law are still being
interpreted, but what is certain is that what saved the law was the
"ObamaCare tax." The Court ruled that the individual mandate to purchase
health care or face a fine is a tax, not a requirement.
In other words, the Court said that Congress can impose a "tax" on people if they don't buy health insurance.
AFP/Getty Images
U.S. Supreme Court Chief Justice John Roberts
When Congress was debating for months
and months, the Obama team argued that the individual mandate "is not a
tax." This was to spare the White House the embarrassment of admitting
that President Obama was violating right out of the box his sacred
promise not to tax anyone earning less than $200,000. According to
Congressional figures 70% to 75% of the "tax" falls on those who earn
less than $200,000 per year, and that is 8 million non-rich people. So
Mr. Obama argued this was a mandate and a fine to enforce the
requirement to buy health care.
But then in front of the Supreme Court and lower courts, the Obama
legal team shifted strategies and argued it was a tax after all. The
Supreme Court has traditionally and regrettably granted unlimited taxing
authority to the Congress and they did so again on Tuesday.
The decision is an absurd and extraordinarily dangerous
interpretation of the taxing power. If Congress wants to mandate people
to eat right, exercise, say their prayers at night, would it be
constitutional if Congress taxes people for not complying?
So the White House won by conceding that their mandate is a tax on
anyone whether you make $200,000 or $20,000. Mr. Obama's team is surely
uncorking the champagne bottles, but taxpayers may not be so happy.
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