In other words we can’t make you do anything, but we can damn sure make you wish you had.
From the blog...
10:56 Amy Howe: Take a quick look at Footnote 11, which is on page 44 of the slip opinion: Those subject to the individual mandate may lawfully forgo health insurance and pay higher taxes, or buy health insurance and pay lower taxes. The only thing that they may not lawfully do is not buy health insurance and not pay the resulting tax.
That sure is interesting phrasing.
So I’ve been pondering this ruling and I’ve some thoughts.
The biggest thought is my suspicion that this whole thing....this and the Arizona ruling, were intentionally left vague because the Supreme Court did not want to do congress’ work.
Now lookit, I don’t know this. I speculate and I’ve only limited prognostication skills but am at least as good as Dick Morris I assert.
But in both of these cases there were “escape” clauses. In the Arizona case it was...”well sure the local cops can question someone’s citizenship if the person being questioned has been stopped for some other law breaking reason. But please feel free to bring up some actual real cases when this sort of thing goes on and we’ll rule again.”
Said ruling giving Arizona a choice to continue with their law and it damn did expose this admin’s plan to only enforce laws they like.
With this health care mandate....it’s ...”we’re not going to do congress’ job. That mandate thing is a tax and that’s our way of ruling for or against this thing. Everyone knows congress can pass all the taxes it wants. BUT we’re going to disallow the feds to punish states choosing to opt out of this thing. This way we figure congress will HAVE to deal with this thing cause...well, we’re leaving it up in the air. Even the Democrats will have to revisit this thing because what to do if all 50 states opt out?”
That’s how I interpret it all. I have no justification for it, I don’t think it’s right. On the other hand, why the hell shouldn’t congress do its job? They’re going to have to deal with this issue again, they’ll just have to.
Republicans are notorious for kicking stuff to the Supremes....could be the lack of testicles. Remember few of them would take a stand on McCain’s silly Campaign Finance Reform....a law we all prayed for daily and now feel so much better that it’s the law of the land. I know I sleep better every night knowing that my candidate last election spent all his political capital on such a stupid thing while the Communists were taking over.
I summarize....I think this is all an attempt to force congress to do its job. Why the Supremes felt such a thing was needed....I’m not sure why but it’s a good concept...congress doing its job.
The mind boggles.