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To: rrdog

One thing to be aware of here - This ruling just says that the Mandate is constitutional because it is a tax and Congress has the right to tax.

But, it did not rule whether this tax is in and of itself a constitutional tax. That cannot be determined until the tax is levied and someone then has standing to bring a suit challenging the constitutionality of the tax.

I know that is splitting hairs, putting lipstick on a pig, whatever you want to call it — but the bottom line is the legal challenges to Obamacare are not over and this tax can now be challenged as an unconstitutional tax.


21 posted on 06/29/2012 12:23:15 PM PDT by commish (Freedom tastes sweetest to those who have fought to preserve it.)
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To: commish
One thing to be aware of here - This ruling just says that the Mandate is constitutional because it is a tax and Congress has the right to tax. But, it did not rule whether this tax is in and of itself a constitutional tax. That cannot be determined until the tax is levied and someone then has standing to bring a suit challenging the constitutionality of the tax. I know that is splitting hairs, putting lipstick on a pig, whatever you want to call it — but the bottom line is the legal challenges to Obamacare are not over and this tax can now be challenged as an unconstitutional tax.

Sadly, no.

The Court's opinion held that this wasn't a "tax" for purposes of the Anti-Injunction Act, so that challenges to it were now ripe, and then held that it was a "tax" for purposes of the Constitution, and found it a valid tax (explicitly rejecting the argument that it was an unapportioned direct tax).

28 posted on 06/29/2012 1:08:56 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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