Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: philman_36
Wasn't it declared Constitutional under the government's taxing power?

You are confusing the "individual mandate" with the "Affordable Health Care Act". Perhaps that explains why this keeps getting reported incorrectly. The Act itself was declared Constitutional as a tax. That was the whole controversy with Roberts - that he literally re-wrote the bill to make it work by calling the "mandate" a tax.

While Ginsberg voted with the majority, she wanted the mandate to be declared Constitutional which Roberts disagreed with, and that is why she wrote a separate opinion.

So while the entire Act was declared Constitutional, the individual mandate was not. That is the inaccuracy - might seem subtle but it really isn't.

21 posted on 07/09/2012 10:35:20 PM PDT by Shethink13
[ Post Reply | Private Reply | To 20 | View Replies ]


To: Shethink13
You are confusing the "individual mandate" with the "Affordable Health Care Act".
Um...I don't think so.
Public Law 111–148 An Act Entitled The Patient Protection and Affordable Care Act.SEC. 1501. REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE.
(a) FINDINGS.—Congress makes the following findings:
(1) IN GENERAL.— The individual responsibility requirement provided for in this section (in this subsection referred to as the ‘‘requirement’’) is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2).

That is the law in question and that is the individual mandate, isn't it?
25 posted on 07/09/2012 10:57:05 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 21 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson