Can ‘Texas v. United States’ Set Us Free From Obamacare?

American Spectator ^ | March 12, 2018 | David Catron

[Twotone]

Ignore everything you have been told by the “news” media about Texas v. United States, the lawsuit recently filed by 20 states challenging the constitutionality of Obamacare. The Fourth Estate, in its all but official role as the public relations department of the Democratic Party, has generally downplayed the suit as yet another futile attempt by fanatical Republicans bent on destroying former President Obama’s “legacy.” Following their usual playbook for reporting constitutional challenges to the “Affordable Care Act” the media briefly sneered about its merits and then, to paraphrase David Burge, “covered the story with a pillow.”

It is nonetheless an important case and it’s useful to review the basis on which the plaintiffs actually base their case against the mandate: In 2012, a majority of the Supreme Court’s justices — including Chief Justice Roberts — rejected the government’s claim that Congress could impose the individual mandate pursuant to the Commerce Clause of the Constitution. Yet Roberts held that the mandate was still constitutional because its penalty was a tax collected by the IRS to raise revenue. The plaintiffs argue that this “saving construction” evaporated when Congress reduced the penalty to zero last year.

[DoughtyOne]

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[Dilbert San Diego]

Remember John Roberts decided that since there was a tax , that the penalty payment was a tax, that made Obamacare constitutional.

This is an interesting legal argument to be made.

[Pollster1]

. . . yet another futile attempt by fanatical Republicans bent on destroying former President Obama’s “legacy.”

1. We're not fanatical republicans; we despise the GOP insiders as much as we despise the socialist insiders - elitist ruling class is elitist ruling class.

2. Destroying former White House occupant Obama's legacy is only relevant for the destructive parts of his legacy. I would be okay with his kids keeping the dog (except that I haven't seen Bo in years; did Barack have him cooked for dinner long ago?), and I'm sure someone better informed could find a second action by the usurper that was not monumentally destructive.

3. It's not futile. The best president since Reagan is systematically dismantling the communist's legacy of anti-American hate, and he's doing a great job of it.

[for-q-clinton]

It took a few times of reading it but I finally got it.

1) Supremes said the individual mandate isn’t legal via the commerce clause. However, the penalty is legal because it’s a tax.

2) Congress set the penalty to $0 so it’s no longer a penalty/tax, therefore, the individual mandate is unconstitutional.

3) Since Obamacare law doesn’t have a severability clause means the whole law is unconstitutional because of one item being ruled unconstitutional.

[antidemoncrat]

“President Obama’s “legacy” = Amos and Andy: the sequel

[Secret Agent Man]

Even though obama and a whole bunch of others were on tape correcting people that it was not a tax.

[i_robot73]

>
Remember John Roberts decided that since there was a tax , that the penalty payment was a tax, that made Obamacare constitutional.

This is an interesting legal argument to be made.
>

I don’t believe ANYONE argued re: Congress’ ability to TAX.

The crux of the question is: Tax for WHAT (by what authority)??

H’care/welfare...hell, 95% of what Fedzilla has its claws into these days, is wholly illegal/unconstitutional vs. A1S8/9th/10th.