(FULL AUDIO) Supreme Court Skeptical That The Mandate is a Tax

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Supreme Court Skeptical That The Mandate is a Tax (Even the Liberal Justices).

SCOTUS skeptical of idea that mandate is a tax | Campaign 2012 | Washington Examiner

"This is not a revenue-raising measure, because, if it's successful, they won't -- nobody will pay the penalty and there will be no revenue to raise," said Justice Ruth Bader Ginsburg of the mandate.

Another liberal on the court, Justice Stephen Breyer, said of Congress's description of the fine for non-compliance with the mandate, "They called it a penalty and not a tax for a reason."

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"But Chief Justice John Roberts was skeptical that the two elements (the mandate and the penalty) could be separated, who said, "Why would you have a requirement that is completely toothless?" he asked."

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