Posted on 06/17/2010 1:28:59 PM PDT by erkyl
In order to protect the new national health care law from legal challenges, the Obama administration has been forced to argue that the individual mandate represents a tax -- even though Obama himself argued the exact opposite while campaigning to pass the legislation. Late last night, the Obama Department of Justice filed a motion to dismiss the Florida-based lawsuit against the health care law, arguing that the court lacks jurisdiction and that the State of Florida and fellow plaintiffs haven't presented a claim for which the court can grant relief. To bolster its case, the DOJ cited the Anti-Injunction Act, which restricts courts from interfering with the government's ability to collect taxes.
(Excerpt) Read more at spectator.org ...
Now that the fees are taxes again, we have a taxation bill which *unconstitutionally* originated in the Senate. I believe that that is spelled out sufficiently clearly in the Constitution to give even the most Liberal judge pause.
Very lucid and cogent reasoning. Too bad it will be for naught when eventually Anthony Kennedy sides with Elena Kagan on a 5-4 vote supporting an opinion she based on precedent from Uzbekistan.
No he didn’t lie.
We little folks are too stupid to understand his language.
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
My guess is that a fee based on the existence of an insurance policy would be very hard to characterize as a tax on income. But then I'm not a liberal with the uncanny ability to make words mean things I never dreamed possible.
More ammo...
“Late last night, the Obama Department of Justice filed a motion to dismiss the Florida-based lawsuit against the health care law, arguing that the court lacks jurisdiction and that the State of Florida and fellow plaintiffs haven’t presented a claim for which the court can grant relief. To bolster its case, the DOJ cited the Anti-Injunction Act, which restricts courts from interfering with the government’s ability to collect taxes.”
Now that the fees are taxes again, we have a taxation bill which *unconstitutionally* originated in the Senate.
Kinda like saying you want to modify a car — so you open the hood, lift up the radiator cap, back the car away from you, let someone drive a different car up to you, and you put the radiator cap on the new car and say it is an updated old car. Later you can replace the radiator cap — but it is still the “old car”.
I thought that was how it happened. It was so full of you know what in the way they handled that legislation, is it any wonder people are confused about how it passed?
He talked over your head.
BS.
They can’t use the law they wrote to create a TAX. If they are going to call it a tax, they have to TREAT it like a tax.
Someone call a doctor, they are gonna need some help getting that guys foot out of his stomach.
I guess nobama and his minions figured, “It’s just another lie. They’ll never notice the difference.”
I trust the court will look at the law as written and not some johnnie-come-lately flip-flop.
"O Tempora! O Mores!" ("Oh, what Times! Oh, what Morals!)-Cicero
Please review the law, I believe that the law clearly stated it is not to be considered a tax.
A good lawyer would call Obama as a witness and demand, “Were you lying then, or are you lying now?”””
Only if the music from “Chicago” were playing in the background.........
“...Obama administration has been forced to argue that the individual mandate represents a tax...”
So, then, it wasn’t one before it was?
I remember a time not long ago when conservatives chided me for being “extremist”, “alarmist”, “tin-foil hat wearing” for stating that the communist forces behind 0bama would destroy the United States.
Hey, conservatives! Still think it can’t happen here? Still think your system is impervious? Still think Americans “won’t stand for it”?
Conservatives need to pause and reflect on what has happened, and what is on the schedule for the future.
We are being taken over by Communists. It is really happening.
You MUST acknowledge this FACT and act/resist accordingly.
Your family will suffer greatly under the rule/thumb of this group of ideologues.
These are people that mean you great harm.
They have been using capitalism to destroy capitalism. But soon they will transition to blatant tyranny (it’s already blatant to me).
In your heart you know that my assessment is correct.
Please fight your enemies—they are tearing down your country right before your eyes.
Yes, it is really happening.
I have no other purpose right now, beyond taking care of my family, than trying to warn and wake-up Americans to what is happening to them.
Please, at least allow yourself to be open to the POSSIBILITY that this is happening.
You might not see it yet, but you are currently on the losing side. You, as a proud, freedom-loving American are the underdog now.
“it lacks uniformity and would vary depending on which state you live in.”
Which in itself would make it subject to constitutional challenge, no? I’m not sure DOJ did itself any favors with this line of argument. That said, I think the bill is more vulnerable on the “commandeering” of states argument than on the individual mandate.
“THEN it went back and the Senate was able to change it. Or something.”
There were 2 bills: the Senate-passed bill and a “reconciliation” bill that made “fixes” to that monstrosity because if the House had made those fixes to the Senate-passed bill, it would have had to go back to the Senate and passed with 60 votes to surmount a filibuster. But the reconciliation bill wasn’t subject to filibuster, hence House made the necessary changes and Senate passed that 2nd bill with under 60 votes.
The way they end-arounded the requirement that revenue bills be initiated in the House is that the Senate took up an innocuous House bill that had been approved previously on a completely different issue, but that had some tax provision in it. They then “amended” this by deleting literally all the bill’s language and then substituting the Senate language as an amendment. Thus, technically, the final bill was a revenue bill that “originated” in the House. That the whole process entirely violated the spirit of that constitutional restriction appears to have bothered no one on the Democrat side of the aisle.
That kid looks like he could have been Chris Matthews as a child. Of course, that would mean he’s flipping the bird at Republicans.
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