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To: Meet the New Boss
What kind of a tax is it? Roberts called it a “tax on not obtaining health insurance.”
Pretty close. What the decision actually says... And Congress’s choice of language—stating that individuals “shall” obtain insurance or pay a “penalty”—does not require reading §5000A as punishing unlawful conduct. It may also be read as imposing a tax on those who go without insurance.
I didn't ask what Roberts called it. I asked "So if it's not an income tax as you contend, then in your opinion what kind of tax is it?"

I was looking for your determination as to what type of tax it is, not Roberts'.

Do you contend that's it's not a tax at all.

The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. But, for the reasons explained, the Commerce Clause does not give Congress that power. It is therefore necessary to turn to the Government’s alternative argument: that the mandate may be upheld as within Congress’s power to “lay and collect Taxes.” Art. I, §8, cl. 1. In pressing its taxing power argument, the Government asks the Court to view the mandate as imposing a tax on those who do not buy that product. Seems like the Government got what they wanted and now they're stuck with it.
29 posted on 07/02/2012 11:28:01 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
I was looking for your determination as to what type of tax it is, not Roberts'.

In my view it is not a tax.

30 posted on 07/02/2012 11:33:36 AM PDT by Meet the New Boss
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To: philman_36
What I said:

What kind of a tax is it? Roberts called it a “tax on not obtaining health insurance.”

What you said:

Pretty close. What the decision actually says...

Um, ROBERTS USED THE EXACT WORDS I SAID HE USED IN DESCRIBING WHAT CONGRESS DID:

From page 40 of the slip opinion, quoting Roberts:

Even if the taxing power enables Congress to impose a tax on not obtaining health insurance, any tax must still comply with other requirements in the Constitution....

33 posted on 07/02/2012 11:42:11 AM PDT by Meet the New Boss
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To: philman_36

“Seems like the Government got what they wanted and now they’re stuck with it.”

What the government wanted, or at least that part that passed and signed onto Obamacare, was to nationalize the healthcare industry. They would prefer to do so without raising taxes on people who aren’t rich, or at least by fooling a majority of voters that it’ll only cost the rich. They’ll call it a tax before abandoning it, though, so they included in the defense the tax power rationale.

So, yes, they got what they wanted, but not all they wanted. This is not ideal, but they’ll take it.


45 posted on 07/02/2012 12:32:38 PM PDT by Tublecane
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