[Hostage]

Obamacare will be upheld as a tax that is constitutional under the 16th Amendment.

In the brief, Foley makes the point that forcing an individual or company to sign a contract for the purchase of a product—health insurance included—would violate one of the centuries old underpinnings of contract law which states that to be enforceable, all contracts must be voluntary.

Choosing to buy or not buy Obamacare insurance will be voluntary. Those who do will get a tax credit. Those who don't won't get the tax credit. Choice is to each person and so is voluntary.

Now pay your 16th Amendment taxes and shut up.

[Michael Barnes]

It was never written as a "tax". It was however written without severabilty. One part goes down, the whole thing goes down. As San Fran Nan said, we had to vote on it in order to see whats in it...Ooops. Whats in it is layer upon layer of un-Constitutional garbage, take your pick.

But I do hope "they" try and argue this thing as a tax. That will open the barn door to many, many challenges of tax law and could turn out to be the liberals worst nightmare as we start getting into our graduated tax system and equal protection.

[ALPAPilot]

Obamacare will be upheld as a tax that is constitutional under the 16th Amendment.

Except that those with no income for the year will still be fined; In which case that would be a capitation tax and must be proportioned among the states which it is not.

This can happen when the self employed have an off year and expenses exceed revenue. Or the wealthy living of income taxed in previous years.