Obama Admin. Argues in Court That Individual Mandate Is a Tax

American Spectator ^ | 6/17/2010 | Phillip Klein

[erkyl]

In order to protect the new national health care law from legal challenges, the Obama administration has been forced to argue that the individual mandate represents a tax -- even though Obama himself argued the exact opposite while campaigning to pass the legislation. Late last night, the Obama Department of Justice filed a motion to dismiss the Florida-based lawsuit against the health care law, arguing that the court lacks jurisdiction and that the State of Florida and fellow plaintiffs haven't presented a claim for which the court can grant relief. To bolster its case, the DOJ cited the Anti-Injunction Act, which restricts courts from interfering with the government's ability to collect taxes.

[erkyl]

Thoughts? It's a citizenship tax now...

[rocksblues]

You mean Barry lied?

[erkyl]

I know. Shocking.

[Principled]

ok guys - what’s the 16th say.

Is a tax for being alive going to stand?

[grumpygresh]

The law invoked the commerce clause as the specific Constitutional authority for the mandates. It will be difficult to morph this into a tax because unlike Medicare or SS it lacks uniformity and would vary depending on which state you live in.

[kevao]

I’m no expert, but IIRC, the Obamacare Bill originated in the Senate, then passed the House, then went to reconciliation and final passage.

I thought that any legislation pertaining to taxation must originate in the House of Representatives.

And I think there was discussion about this at the time, but the Dems argued that the “taxes” were not taxes, but “fees”.

If they’re now claiming the “fees” aren’t fees, but “taxes”, doesn’t that delegitimize the whole process?

[CherylBower]

“delegitimize the whole process?”

Ha, you’re funny.

[Robert A Cook PE]

Thought that all tax laws had to start in the House......

[b4its2late]

It’s whatever it has to be to get through the courts. Then it will morph in something else.

[ExTxMarine]

“You mean Barry lied?”

No, he mis-spoke, wait, no, you mis-understood him, no, wait, let me get back to you!

[ExTxMarine]

No, no, no! Those rules only apply when the Repubs are the majority in Congress.

Didn’t you two get the memo?!?!?

[JPG]

A Rose by any other name...A Marxist by any other name...

[kevao]

I wasn’t joking. I now remember some House republicans threatening to “blue slip” the Senate bill because of the taxes. But then the Dems got around it by claiming the taxes were fees.

Now that the fees are taxes again, we have a taxation bill which *unconstitutionally* originated in the Senate. I believe that that is spelled out sufficiently clearly in the Constitution to give even the most Liberal judge pause.

[my small voice]

Read my lips.....

They crucified Bush I over breaking this pledge. Charge MSM with sedition.

There are evil, evil people.

[EdReform]

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[Personal Responsibility]

:: channelling Obama ::

Now I want to...uhhh...Let me be clear. If you think it’s...ughhh....something it’s not then...uhhh...welll....you may just not...uhhhh...understand what it was now and what it will be then.

[w1andsodidwe]

That is the same ploy FDR used to get Social Security OK’e3d, isn’t it?

[Winged Hussar]

“In order to protect the new national health care law from legal challenges, the Obama administration has been forced to argue that the individual mandate represents a tax — even though Obama himself argued the exact opposite while campaigning to pass the legislation.”

A good lawyer would call Obama as a witness and demand, “Were you lying then, or are you lying now?”

[BuckeyeTexan]

Court lacks jurisdiction? No remedy?

Are they serious with that crap?

[sourcery]

It’s not a Constitutional tax. Constitutionally, it must be one of the following: 1) a uniform excise tax (a tax on transactions at a uniform rate,) 2) an income tax or else 3) a “direct tax” that must be equally apportioned among the States. It’s clearly not any of those...