Posted on 03/26/2012 11:03:27 AM PDT by Sub-Driver
Justice Samuel Alito was back in his skeptical mode today, chiding the Obama administration for — in his view — trying to have it both ways on whether the individual mandate penalty is a tax.
The same justice who shook his head at President Barack Obama during the 2010 State of the Union address, appearing to mouth the words “not true” when Obama criticized the Citizens United decision, gave Solicitor General Donald Verrilli a hard time Monday about the administration’s views on the mandate penalty:
JUSTICE ALITO: General Verrilli, today you are arguing that the penalty is not a tax. Tomorrow you are going to be back and you will be arguing that the penalty is a tax.
Has the Court ever held that something that is a tax for purposes of the taxing power under the Constitution is not a tax under the Anti-Injunction Act?
GENERAL VERRILLI: No, Justice Alito, but the Court has held in a license tax cases that something can be a constitutional exercise of the taxing power whether or not it is called a tax.
(Excerpt) Read more at politico.com ...
If it is not a tax, why is the IRS handling it. Does not the IRS only handle taxes?
its a fine or a tax depending on the audience
And sadly, if it was ruled a tax then the Court would not be able to hear arguments until after it has gone into effect and been collected... in 2015.
Rush said that word was this afternoon that the Justices aren’t going to punt this to 2015 over the tax issue.
It’s not a hanging, it’s a noosing.
It’s not theft, it’s a confiscation.
We could go on.
“And sadly, if it was ruled a tax then the Court would not be able to hear arguments until after it has gone into effect and been collected... in 2015.”
If it is a tax, then everything that isn’t a tax but a fine would need to be stripped out of the bill, then voted on, since the bill was presented to the President under false pretences.
Then you bring up Pelosi and Reid on charges of lying to congress.
In their minds, all nine justices have already made up their minds on this issue without all the rhetoric, lying, obfuscation, and bullshit. Now, its just a matter of how they formulate the written opinions against and for.
I read it and have no idea what the hell they were saying;)
Sounds good in theory but the reality would be that it simply trundled on until 2015.
There is no way anyone would be sending it back at all.
Better to argue it now in my opinion. Get the dirty laundry out there for the Court to see.
We need a few more Alitos on the court.
So...the penalty is, that you’re subjected to the tax.
And the tax is waived for everyone who is not subject to the penalty.
Thank you Mr. President!
Dictator Baby-Doc Barack has ALWAYS ignored The US Constitution, ESPECIALLY with Obama”care.”
The cancer of Obama”care” now extends to Obama last week choosing a “Public health expert” for the World Bank Presidency.
_______
The major problem with THE NINE SUPREMES is that they are chosen for political reasons by the POTUS, and then they vote as an un-accountable democracy, for a Nation that is NOT a Democracy, but a REPUBLIC.
As a result, THE NINE SUPREMES commonly vote 5 to 4 on most issues. Constitutionality is seldom a consideration, and their up-coming ruling on Obama”care” will prove my point.
Now is the time to stand and deliver to address our grievances to the dictates of the Left.
Oppose the dictates of Dictator Baby-Doc Barack!
Our ONLY chance to ABOLISH Obama”care” rests with THE NINE SUPREMES, because Romney will be defeated by Obama.
IMHO, if Romney is anointed as the RNC Nominee, THE main issue in the National Election, Obama”care,” will be taken off the campaign table. Hence, Romney will not only lose, but suffer another crushing, and sadly typical, RINO defeat.
To those who want poster ideas, here are a few ideas for demonstration posters:
Obama”care” was robo-signed by Congress, and is therefore illegal.
Obama”care” was 2700 pages long, and is still being written, but not by Congress: witness the forced contraception coverage recently added by HHS Regulators.
Obama”care” has caused “The Catholic Spring.”
Obama”care” reduces competition, and therefore is illegal by the 1890 Sherman Anti-Trust Law.
Obama”care” is designed to be a US Federal Government monopoly, with no competition.
Obama”care” also is illegal according to the US Constitution, because it violates our freedom of choice.
Will THE NINE SUPREMES notice any of these three violations? I seriously doubt it.
Impeached Bill Clinton proved that the US President is above US Federal Law, so anything that the President wants he gets, regardless of the Federal Laws that he has violated.
SCOTUS: “Is it a tax or isn’t it?”
SG: “As President Clinton would say, it depends on what the definition of the word ‘is’, is.”
It also depends which group of people you are lying about it to that day, is.
It’s a “finetax.”
Or a “penaltyfine.”
Or a “pentax,” like the camera brand.
Not really they also handle shotguns apparently, since they bought a bunch for only God knows what purpose.
Which is another way of saying, "It's a tax if we call it a tax."
Our Founders would be so proud to hear that their descendants have decided that they may redefine terms used in the Constitution to mean whatever they wish at the time. Orwell would be proud, too.
a few more alitos would definitely help
butt this decision is going to be
5-4
the fate of the nation is in kennedy’s hands
does anyone feel safe??
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