Posted on 05/19/2018 1:19:57 PM PDT by caww
The only basis for the mandate’s constitutionality, according to Roberts, is that it’s a tax — not a fine, penalty, or anything else... This is a vital point, because when Republicans passed their tax reform legislation in December 2017, they included a provision in the law that lowers the individual mandate penalty to $0 beginning in January 2019, effectively eliminating any hope the individual mandate could still be considered a “tax.”
.....even if the remaining provisions can operate as Congress designed them to operate, the Court must determine if Congress would have enacted them standing alone and without the unconstitutional portion,” Scalia wrote. “If Congress would not, those provisions, too, must be invalidated.”
the Trump administration doesn’t need to enforce the ACA once the individual mandate penalty is reduced to $0. President Trump has sworn an oath to defend the Constitution, and this law is now or will soon become in violation of the Constitution, even if one continues to accept the dubious argument the individual mandate’s penalty is really a tax.
This means all it would take to end Obamacare is a decision by the Trump administration not to enforce this illegal law.
(Excerpt) Read more at washingtonexaminer.com ...
It was always unconstitutional. The chief justice acted out of incompetence when he declared it OK.
Given that the mandate itself is something the federal had no delegated power for “since” only plays the game of these damnable lawless scumbags.
Ever since Roberts found it constitutional, I think blackmail to explain such inexplicable actions done by people supposedly on our side.
Indeed! What power was ever delegated to the federal to “tax” not complying with a federal rule?
Obamacare was always grossly unconstitutional. As well as very very bad law. And unworkable. Roberts needs to be investigated, he knew better
“Ever since Roberts found it constitutional, I think blackmail to explain such inexplicable actions done by people supposedly on our side.”
After reading, seeing and hearing about the illegal surveillance on Candidate Trump by the Obama thugs.
It is appropriate to ask did the Obams thugs do an illegal
FISA surveillance on Roberts, his wife and children?
Good point! That does reinforce it.
It certainly is appropriate. And necessary.
The Court held that Congress lacked power to enact Obamacare in the first place, but then Roberts held they could nevertheless coercively enforce it under the Taxing Power.
Roberts totally ignored the Unconstitutional Conditions doctrine, which holds that if government cannot do something directly, it cannot do it indirectly by imposing a fine or penalty or otherwise withholding a benefit that the person would be entitled to. See California Coastal Commission v. Nolan and following cases.
I’m waiting for the Trump administration to come out with evidence that RBG was complicit in the murder of Scalia, followed by a deal with Roberts — you are pardoned of any and all violations: now tell us who threatened you and what they threatened you with.
I’m convinced that the Supreme Court was turned into a tool of the DNC.
Why would they need to surveil him? I thought it was known his kids were illegally adopted and he is compromised.
As my husband and I prepare to retire next year, the cost of medical insurance is the wild card in all of our calculations. We will make too much for “subsidies” but current premiums for the cheapest plans available in our state are $1200 per month with a $7500 per person deductible!
We planned and saved and did everything “right” for the last 30 years but this stupid Unconstitutional “law” has thrown all our well-made plans right out the window and I am just ANGRY!!
Of course Roberts was blackmailed! Obama used the power of the Presidency, and a totally complicit media, to get dirt on everyone. Even Maxine Waters knows it and she’s the biggest idiot in Congress!
The question now is what “we the people” can do to overturn this monstrosity!
Conspiracy theories are always a slippy slope, but there’s no chance Roberts was not flipped, somehow, to come to the strange conclusion that he did. And we need not be reminded that he was writing the exact opposite decision & just inexplicably dropped it to side with the Leftist on the court.
And yes, after what the deep state did, and is doing to Trump, nothing is off the table. Blackmail of Roberts would fit right in with what I have witnessed recently.
If it is a tax, why can’t I deduct the cost from my taxes? Or at least deduct the penalty for not having it?
Just because news is on FR, doesn’t mean it is known by everyone or is really news.
Obama probably did a FISA on any republican Supreme to be able to black mail them and control them.
“After what the deep state did, and is doing to Trump, nothing is off the table. Blackmail of Roberts would fit right in with what I have witnessed recently.”
How many Republicans in the $inate and House were surveiled by Obama’s thugs?
Obama and his creepy crew did not need a FISA warrant to spy on Justice Roberts, or on Congress, or on Donald Trump and his campaign advisors. The Obama creepy crew just did it. Perhaps President Obama believed he was fulfilling the dreams from his late father. Obama Sr. studied in the former Soviet Union where spying on everyone was the norm. It is a communist thing.
Imagine if people got this upset over the income tax.
So next year we can hope the law finally reaches its demise? Its unbelievable, if I had stayed with my original individual carrier plan, my family would now be paying $3,500 per month for the same plan that cost us pre ACA $520. Instead we all have worse coverage, with congressional mandates for drug types etc with a huge deductible.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.