Remember that? Obama telling us all that ObamaCare is NOT a tax. But according to the deciding vote in the Supreme Court decision today, it IS a tax and the act is upheld.
Chief Justice Roberts opinion is that the mandate violates the Commerce Clause but since he believes it is a tax, and that it was within Congresses power to tax, the violation of the Commerce Clause doesn’t matter.
Welcome to Canada folks, and the ever increasing tax rates.
If Congress can reach out and command even those furthest removed from an interstate market to participate in the market, then the Commerce Clause becomes a font of unlimited power, or in Hamilton’s words, “the hideous monster whose devouring jaws . . . spare neither sex nor age, nor high nor low, nor sacred nor profane.” The Federalist No. 33, p. 202 (C. Rossiter ed. 1961).
Barack Obama and the Democrats now own the LARGEST MIDDLE-CLASS TAX INCREASE IN HISTORY!
Don’t forget these words. They OWN it now.
Some liberal court watcher’s are urging caution:
The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress’s authority to pass social welfare laws. Using the tax code — especially in the current political environment — to promote social welfare is going to be a very chancy proposition.
In other words, Randy Barnett, David Rivkin, and the other lawyers who argued that the individual mandate was an unprecedented expansion of the Commerce Clause’s power were right. They may have lost the battle on Obamacare, but they now have some weaponry to win future battles on this issue. In a major case, the court has found the Commerce Clause indeed has some limits in a major case, and that really hasn’t happened since the New Deal court basically abandoned the traditional Constitutional reading of that clause in 1937.
Which would be good news on future cases, but not so good news now.
Either way, it moves on to Congress and repeal. The fight isn’t over by a long shot. Now taking the Senate and the White House is even more important than ever, if not than I really fear for this Republic.
Either way, ObamaCare will not work…ever: