A Hollow Victory for Obamacare

The Supreme Court was able to find the individual mandate constitutional only through a series of extraordinary logical gymnastics, the conclusion of which was that the mandate is actually a tax. But, of course, members of Congress did not vote to pass the ACA as a tax. Nor did the American people understand it to be a tax. Indeed, President Obama himself flatly stated that the individual mandate “is absolutely not a tax increase” — that “nobody” considers it a tax.

As Justice Kennedy noted in his dissent, “imposing a tax through judicial legislation inverts the constitutional scheme, and places the power to tax in the branch of government least accountable to the citizenry.” There is simply no way that the ACA would have become law had the American public and their representatives understood the mandate as a tax.

via A Hollow Victory for Obamacare – Sen. Mike Lee – National Review Online.

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