Roberts is loathe to change legislative decisions. This was known when he was nominated.
Thusly he has sent it back to the House (even to statehouses!) transmogrifed as a tax.
This isn't a bad thing. The House can now starve the beast, and even moreso at the State level; while at the same time, every GOP candidate runs on Obama making this the biggest tax increase in history.
The decision might have been good for Bobo looking backwards, but it's a terrible decision in view of his re-election chances.
Give it up, we lost, it’s over. Roberts Judased us.
lyle :”Interesting, at least to scholars, that while the mandate and its attached penalty are a tax for purposes of its constitutionality, but not for the Anti-Injunction Act. If it were a tax for AIA purposes, this case would not have been decided re the mandate. “
We will see how this plays out politically. Getting a SCOTUS stamp of approval could make the law more acceptable among voters.
Doubt that will work. The bill survived under the taxation powers but it will actually be enforced as a fine.
Roberts really screwed us with this one. If he really feels this way, he should have struck down the mandate as it is and stated that the law needed to be rewritten as a tax.
Are you SURE it now goes back to the House? Because if it does, then it's DEAD!!!
“Thusly he has sent it back to the House (even to statehouses!) transmogrifed as a tax.
This isn’t a bad thing. The House can now starve the beast, and even moreso at the State level; while at the same time, every GOP candidate runs on Obama making this the biggest tax increase in history.”
You’re completely missing the big picture. Sure, in the short run this could be the downfall of Obama.
But this IS a bad thing. It’s a HORRIBLE, UNBELIEVABLY BAD thing. The Supreme Court has just declared that Congress can force almost ANYTHING on us (except perhaps telling the truth about military service), so long as the penalty for non-compliance is a tax. We are not a free country until this decision in reversed.