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Mandate Survives as a Tax

I can't wrap my brain around how Roberts wrapped his brain around this.

Stephen Green


June 28, 2012 - 7:48 am

It’s not a mandate, it’s a tax, says the Supreme Court.

But it’s not a tax, says President Obama.

If this thing is a tax, then what can’t be construed as a tax? What worries me is, the precedent has been set. So even if this abomination is repealed next year, it seems Congress can do pretty much whatever it likes — so long as Chief Justice Roberts can get the idea into his head that it’s really just a tax.

But now I’m hearing that states can sort-of opt out. Well: that giant sucking sound you here is jobs fleeing to 26 states that are fighting this thing.

In any case, the Court seems to have emasculated the law just enough to take it from unwieldily and unaffordable, to even more unwieldily and unaffordable.

The mandate though is not a tax, because it falls on you only if you refuse to do as ordered — as mandated. I can’t wrap my head around how Roberts wrapped his head around this.

Cross-posted from Vodkapundit

Stephen Green began blogging at in early 2002, and has served as PJMedia's Denver editor since 2008. He's one of the hosts on PJTV, and one-third of PJTV's Trifecta team with Scott Ott and Bill Whittle. Steve lives with his wife and sons in the hills and woods of Monument, Colorado, where he enjoys the occasional lovely adult beverage.

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