Posted on 03/04/2015 6:26:30 AM PST by SeekAndFind
Counter argument by Randy Barnett: “1) As a threshold matter, this constitutional concern seems misplaced in the case that is before the Court. First, 8 States filed amicus briefs in support of petitioners, saying they don’t want exchanges OR subsidies — so obviously those States aren’t being “coerced.” Second, neither party in this case has ever raised the constitutional concern, so we lack adversarial briefing on this issue. Third, if the relevant wording of the statute is unambiguous and this wording exposes the statute to constitutional attack in some later case, then so be it. This is similar to later Origination Clause challenges to the “individual insurance mandate” cum “option to buy insurance or pay a modest tax” that could only be brought once it was established that what looked like a Commerce Clause “penalty” was really a noncoercive tax. We must take up these matters one step at a time.”
Much more here. http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/04/avoiding-constitutional-avoidance/
Where exactly did you get your law degree?
One doesn’t need one.
This is simple. The law requires you to buy insurance, with a penalty (a fine) if you don’t. there mere fact that this penalty is collected by the IRS does not make it a tax — it is still a fine for failing to buy something the law mandates that you buy.
Now, there are a couple of problems with this. First, there is no precedent for teh government being allowed to mandate the purchase of any product or service merely as an obligation of citizenship.
And the fact is that the Constitution does not at any point grant the Federal government any authority or power to act on the matter of healthcare.
Roberts himself says much of that throughout the decision, including saying on page 15 of the decision that the penalty is not a tax. Yet he comes to the conclusion that it’s constitutional under the taxing power.
http://abcnews.go.com/blogs/politics/2012/06/obama-in-2009-its-not-a-tax/
http://weaselzippers.us/118326-white-house-insists-obamacare-mandate-not-a-tax-its-a-penalty/
http://hotair.com/archives/2012/07/02/pelosi-obamacares-not-a-tax-its-a-ta-penalty/
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