The problem with twisting legal arguments into a
pretzel is that that loose may come back around and kick you in the butt:
A coalition of 20 states has filed a lawsuit alleging ObamaCare is unconstitutional.
They’re claiming that since the GOP eliminated the tax penalty associated with the individual mandate, that ObamaCare itself is no longer constitutional. …
The GOP tax law “eliminated the tax penalty of the ACA, without eliminating the mandate itself. What remains, then, is the individual mandate, without any accompanying exercise of Congress’s taxing power, which the Supreme Court already held that Congress has no authority to enact,” the complaint states.
“Not only is the individual mandate now unlawful, but this core provision is not severable from the rest of the ACA—as four Justices of the Supreme Court already concluded.”
That's an interesting line of thought.
ReplyDeleteAnd it was CJ Roberts, the fifth Justice, who explicitly rewrote the penalty into the tax.
ReplyDeleteEric Hines