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To: fightinJAG
But the burden is on the federal government. What are they going to argue is the basis for mandating an individual purchase of a commodity?

The burden first is going to be on the challengers. They will have to establish that they have standing to sue and that there is a Constitutional basis for their positions. They may not get past those hurdles. The Feds don't have to provide a justification until they do, and they will fight like demons to put every procedural hurdle in the way of the challengers.

27 posted on 03/23/2010 8:16:44 PM PDT by jay1949 (Work is the curse of the blogging class)
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To: jay1949

Well, yes, I’m assuming standing and statement of a cognizable claim, etc. Not saying those aren’t big mountains to climb. But my real point is what is the basis of the feds’ substantive response? It’s just not very clear where they would go with this, assuming they want to avoid arguing that it - wink! - really is a tax.


29 posted on 03/23/2010 8:23:31 PM PDT by fightinJAG (Are you a Twitter activist? Freepmail me & let's talk.)
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