I agree. It would have been a radical reversal of precedent to say this tax was somehow unconstitutional, when we already have so many endless gimmicks in place with the tax code (buy energy-saving cars, get a tax credit, etc.). I would love for nobody to be able to get tax refunds for taxes they haven’t paid, but they do. If the courts were going to judge what is and isn’t a proper tax (or tax refund) it should’ve happened decades ago. There are plenty of stupid laws but it’s not the job of the courts to clean up the messes made by the legislature. The legislature is constitutionally permitted to write stupid laws.
I don’t however understand how the Medicaid expansion was thrown out but the rest of the law was allowed to stand, due to the lack of a severability clause.
Obamacare is still in the courts on several other issues, like the religious liberty issue, so the Supreme Court by no means declared it constitutional on the whole, only on the issues they heard so far. But because of the Medicaid decision, they seem to have precluded the idea that they’ll ever throw out the entire law on any basis, and instead only pick and choose what they like.
My fear is that these taxes can trump the bill of rights.
Tax everyone with a gun. Tax everyone that says things the state doesn't like. Tax those with the "wrong" religion. Etc, etc.
There was a time when taxes paid for only government services used. With the income tax amendment, there are now no limits.