The Umpire Blinks

Then, Roberts went out in search of some way, any way, to find the mandate constitutional. He alighted on the argument that the mandate isn’t a mandate at all, but a tax. Never mind that the tax argument was an afterthought in the administration’s defense of the law. Never mind that administration officials, from the president on down, vociferously denied that it was a tax during the debate over the bill. Never mind that the law itself never defines it as a tax and includes the mandate (and its penalty) in a different title of the act from the revenue provisions.

“To say that the Individual Mandate merely imposes a tax is not to interpret the statute, but to re-write it,” the four conservative dissenters from the Roberts opinion write.

via The Umpire Blinks – Rich Lowry – National Review Online.


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