Op-Ed: With the individual mandate dead, the rest of Obamacare is unconstitutional

Monday, May 21, 2018 | Tag Cloud Tags: , , , , , ,

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(Worthy News) - In 2012, Chief Justice John Roberts famously ruled the Affordable Care Act’s provision mandating most people purchase health insurance or else pay a fine constitutional on the basis that Congress has the authority to tax individuals, and the so-called Obamacare “fine” is effectively a tax.

As the now-deceased Justice Antonin Scalia pointed out in his dissenting opinion, in classifying the Obamacare penalty as a “tax,” Roberts ignored history, the language of the healthcare law, statements made by the Obama administration and Democrats in Congress, and common sense. (The obvious difference between a fine and a tax is that the purpose of a tax is to raise revenue, not to force people to behave in a particular way.)

Interestingly, however faulty Roberts’ decision may have been, it now serves as the foundation for a legal argument that could eventually lead to Obamacare’s demise. [ Source (Read More...) ]

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