June 28, 2012
LARRY SOLUM: The Decision to Uphold the Mandate as Tax Represents a Gestalt Shift in Constitutional Law. Those who wondered what I meant by my Lopez reference below should read this post.
UPDATE: Rand Simberg: If the mandate’s a tax, how can it be valid if it originated in the Senate? I thought it originated in the House, but I could be wrong.
Also, a tax repeal can’t be filibustered.
ANOTHER UPDATE: Justin Binik-Thomas writes: “The Senate replaced an old house bill in its entirety with what is now Obamacare. So technically it started in the house but another example of cheating.” Yes, that’s what I remembered.