Representative Jeff Landry pointed it out simply and best…
…speaking on the steps of the Supreme Court after a 5-4 ruling upholding the individual mandate as a tax, told a crowd of protesters and counter protesters that the individual mandate is now “the largest tax increase” in U.S. history.
“They basically have said Congress has no limit to its taxing power,” Landry said after the ruling. “This is the largest tax increase on the poor and the middle class in the history of this country . . . it was sold to the American people as a mandate and not a tax.”
And not just a tax, but now a precedent where the Federal government may now levy a special tax on you if you do not comply with their specific directives about what you should buy, or do.
So how should have SCOTUS ruled? I defer to a friend, rdbrewer, on this..
The prudential, reasonable thing to do would have been to strike down the ACA and tell Congress “We don’t however rule today on the constitutionality of ACA as a tax,” thereby leaving open that issue for Congress to try again if it wanted. What Roberts has done is re-write the law.
This is truly a good example of judicial activism; rather than striking down the impermissible, it was rewritten for the legislature. Hardly pragmatic.
Remember: it wasn’t a tax!
If you didn’t feel like the election was going before, it’s definitely on today!