To: philman_36
What, in your opinion, is inaccurate about it?The individual health care mandate was not declared Constitutional. Roberts had to rewrite the wording to make the mandate a tax so that the AHCA could be declared Constitutional. That's why Ginsberg dissented with Roberts' opinion.
I'm sure you knew that, right?
To: Shethink13
The individual health care mandate was not declared Constitutional.
Wasn't it declared Constitutional under the government's taxing power?
20 posted on
07/09/2012 10:21:38 PM PDT by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
To: Shethink13
Here is the link to the decision...
@
NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUSThe individual health care mandate was not declared Constitutional.
3. CHIEF JUSTICE ROBERTS concluded in Part IIIB that the individual mandate must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable.
The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. But, for the reasons explained, the Commerce Clause does not give Congress that power. It is therefore necessary to turn to the Governments alternative argument: that the mandate may be upheld as within Congresss power to lay and collect Taxes. Art. I, §8, cl. 1. In pressing its taxing power argument, the Government asks the Court to view the mandate as imposing a tax on those who do not buy that product.
He gave the government what they wanted, right?
Isn't the decision
explicitly stating that the individual mandate is Constitutional under the power of Congress to lay and collect Taxes.?
That's why Ginsberg dissented with Roberts' opinion.
Where exactly? I've given you the link and it opens in a new tab so it's easy.
22 posted on
07/09/2012 10:39:42 PM PDT by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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