Obamacare certainly is ripe with billions of new taxes. But is the Obamacare individual mandate a tax?
Obamacare’s individual mandate is a tax practically but not legally, in the same way that money is speech and corporations are people. Surely the Supreme Court understands the difference between a political argument and a legal argument over whether the mandate does indeed constitute a tax. But the majority leaves that assertion in doubt. If Obamacare is indeed a tax, the Supreme Court should never have heard the case. According to the Tax Anti-Injunction Act, a tax cannot be challenged before it takes effect. For Obamacare, that would mean 2014.
The president brushed off George Stephanopolous during an ABC interview and laughed at the idea that Obamacare could be construed as a tax. Leading Democrats pushed the bill through while denying the same. Solicitor General Donald Verilli argued vehemently that Obamacare was “not a tax”. Yet, Chief Justice Roberts substituted the government’s argument for his own by writing that it was considered a tax and was therefore constitutional. The Heritage Foundation says it is a capitation tax rather than income tax and therefore totally inappropriately applied.
The Supreme Court failed to address the fact that Obamacare regulates inactivity. Rather than taxing someone for having income, it taxes individuals for simply existing and breathing. It compels individuals to buy a private product with a federal mandate, penalty and subsidy. This is truly unprecedented and clearly outside the confines of the Constitution. It has been asked, “If government can make us do this, what cannot make us do?” Indeed!
There is a major difference between the political argument that Obamacare is clearly a tax hike and a legal argument that’s the Obamacare mandate taxes ones income. Chief Justice Roberts went way, way off the reservation when he substituted the legal argument made by the government for his own argument. Since when does the Chief Justice of the Supreme Court take it upon himself to be the spokesman for the party before the court?
For this and other taxing matters, Americans can duke it out at the ballot box.