The augment that 0-care is just a tax like SS, was rejected by some of the liberal lower court decisions that still upheld 0-care under the commerce clause. The 0-care mandate penalizes those that refuse to buy insurance with a fine, a penalty. The courts have made a clear distinction between a penalty and a tax. Forcing people to enter into private contacts, and calling that a tax, exceeds even an ardent Leftists capacity for pretzel logic.
I thought they passed it specifically as NOT a tax because to do that they would have lacked the votes to pass it, so they called it something else?
There are several lower court decisions that conflict with each other.
Obamacare has two types of penalties:
1) penalties for not buying health insurance which should be struck down by SCOTUS and
2) penalties for not paying the taxes levied in Sections 9005 and 9015 and these taxes and penalties will not be struck down.
Google the legislation and you will see for yourself.
SCOTUS will uphold the Obamacare taxes because they can’t do anything else. These taxes give government power to tax private health plans and incomes, and these tax revenues can be used to expand state medicaid programs, in other words take money from incomes and private health insurers and give it to government run health programs.
Here are Roosevelt’s words and this is what the democrats are using:
“We put those payroll contributions there so as to give the contributors a legal, moral, and political right to collect their pensions and unemployment benefits. With those taxes in there, no damn politician can ever scrap my social security program.”
Notice carefully in his words how in the first sentence he uses the word ‘contributions’ and in the second sentence uses the word ‘taxes’.
I don’t think it can be made any clearer, the democrats are going to tax us for their universal healthcare plan and the whole issue of contract nullification or commerce clause overreach is not as important to them as getting their taxes to destroy or control the private healthcare system in the United States.