Individual mandate is not a tax

[Quantum Windbag]

The mandate is not a tax. Sorry.

Everyone who wants to tell me that this is a tax (you know who you are) and that it is justified under the power Congress has to impose taxes, but every single judge that has ruled on Obamacare has agreed on that single issue.

The federal government keeps arguing that the individual mandate to purchase health insurance in last year’s health care law is constitutional because it’s a tax. Judges, even those who’ve ruled in favor of the mandate’s constitutionality, keep disagreeing with them. Every single one of the decisions related to the constitutionality of the mandate has affirmed that, despite the government’s arguments to the contrary, the mandate is not a tax—and therefore cannot be constitutionally justified by Congress’s taxing power.
Despite giving the mandate a stamp of approval, yesterday’s 6th Circuit ruling agreed on the tax issue. The distinction is important: Taxes are primarily designed to bring the government tax revenue. But the Obama administration’s legal position is that the portion of the mandate that counts as a tax is the penalty paid by those who fail to comply. The mandate’s penalty functions primarily as a regulation: It’s intended to control behavior, not raise money.

The Individual Mandate

 

[Oddball]

It's a fine or a tax, depending upon whom they need to bullshit today.

 

[Quantum Windbag]

It's a fine or a tax, depending upon whom they need to bullshit today.

They can call it a tax, but legally it is not a tax.

 

[RDD_1210]

It's a tax. An avoidable tax if you purchase your own health insurance.

 

[Toronado3800]

The mandate is not a tax. Sorry.

Everyone who wants to tell me that this is a tax (you know who you are) and that it is justified under the power Congress has to impose taxes, but every single judge that has ruled on Obamacare has agreed on that single issue.

The federal government keeps arguing that the individual mandate to purchase health insurance in last year’s health care law is constitutional because it’s a tax. Judges, even those who’ve ruled in favor of the mandate’s constitutionality, keep disagreeing with them. Every single one of the decisions related to the constitutionality of the mandate has affirmed that, despite the government’s arguments to the contrary, the mandate is not a tax—and therefore cannot be constitutionally justified by Congress’s taxing power.
Despite giving the mandate a stamp of approval, yesterday’s 6th Circuit ruling agreed on the tax issue. The distinction is important: Taxes are primarily designed to bring the government tax revenue. But the Obama administration’s legal position is that the portion of the mandate that counts as a tax is the penalty paid by those who fail to comply. The mandate’s penalty functions primarily as a regulation: It’s intended to control behavior, not raise money.

The Individual Mandate

No big deal, it is just a change from the current back end tax we have had since the 50's.

Ten years ago one of my friends showed up broke at the ER. Darn it if we didn't get taxed to pay to have her gall bladder removed.

New system, she had to pay for insurance every working day of her life. She can still end up unemployed and not paying BUT, if she earns money she pays.

If you really want to change the system let hospitals throw those w/o the cash out on the street. Don't want that to happen and we need forced insurance.

 

[Wiseacre]

How is Obama going to claim he kept his campaign promise not to raise taxes by one dime on people making less than $200k when he's also claiming that the mandate is a tax in all these court cases? All the lib/dems out there, are you ready to admit he broke that promse?

 

[RDD_1210]

How is Obama going to claim he kept his campaign promise not to raise taxes by one dime on people making less than $200k when he's also claiming that the mandate is a tax in all these court cases? All the lib/dems out there, are you ready to admit he broke that promse?

Of course, thats why Obama has never called it a tax.

 

[JohnA]

Of course its not a tax with a tax everyone who qualifies pays it
Obama has exempted thousands of his buddies from the mandate .

 

[RDD_1210]

Of course its not a tax with a tax everyone who qualifies pays it
Obama has exempted thousands of his buddies from the mandate .

As well as thousands who would never vote for him.

 

[Quantum Windbag]

It's a tax. An avoidable tax if you purchase your own health insurance.

Take that up with every single judge that has ruled on the case. Do you think your legal expertise outweighs that of the 10 or so judges that have ruled on Obamacare. That, by the way, includes the ones that support the mandate.

 

[Quantum Windbag]

How is Obama going to claim he kept his campaign promise not to raise taxes by one dime on people making less than $200k when he's also claiming that the mandate is a tax in all these court cases? All the lib/dems out there, are you ready to admit he broke that promse?

Of course, thats why Obama has never called it a tax.

He has called it a tax a tax in every single court filing to dat, and lost on that issue every time.

 

[RDD_1210]

How is Obama going to claim he kept his campaign promise not to raise taxes by one dime on people making less than $200k when he's also claiming that the mandate is a tax in all these court cases? All the lib/dems out there, are you ready to admit he broke that promse?

Of course, thats why Obama has never called it a tax.

He has called it a tax a tax in every single court filing to dat, and lost on that issue every time.

I'm talking publicly where sound bites can be used against him later.

 

[dblack]

I'm talking publicly where sound bites can be used against him later.

Is this the "it's only a lie if you get caught" school of thought?

 

[Wiseacre]

Of course, thats why Obama has never called it a tax.

He has called it a tax a tax in every single court filing to dat, and lost on that issue every time.

I'm talking publicly where sound bites can be used against him later.

Can it be that no WH reporter has asked him about the dichotomy between his pledge and the tax argument in court? Haven't heard any of the lefties around here come up with a reasonable explanation either.

 

[RDD_1210]

I'm talking publicly where sound bites can be used against him later.

Is this the "it's only a lie if you get caught" school of thought?

Something like that. It's the whole semantics-centric policy that politicians are so-concerned with these days.

 

[MikeFrank]

No it is not a tax, the liberal welfare state judges need to be replaced. Insurance is not a right at all.

 

[uscitizen]

SS payments are "Contributions" too not a tax, so are not deductable.

 

[AlexMckony]

The government should be keep realize that for tax & all environmental suppose to get

 

[editec]

Forcing someone to buy something from a PRIVATE COMPANY isn't a tax, it's extortion.

That the KIND of game that the MAFIA plays.

Buy our booze or die

Use our garbage company or we burn down your business.

Buy health care insurance from a private company or BE FINED. Refuse to pay the fines and go to jail. Refuse to go to jail and we will kill you!

Extortion, folks, not taxes, extortion

 

[Russell]

This may be an over simplification, but here goes.

From what I gather, the republicans are crying that mandatory health insurance is unconstitutional and that if some one is not in the mood to purchase it, they should not be required to do so. I can agree with that provided the other side of the coin is accepted. If the uninsured get sick or injured, they should lay down and die, and not expect tax payers to foot their medical bills. The constitution is silent in that regard and nothing in that most august document can be perceived to support such an outrageous expectation as free medical care. That is only a right and privilege afforded to illegal aliens. Perhaps, republicans and their millionaire/billionaire masters would like to pay the bills for these individuals. If a health care insurance delinquent dies before a republican can find a donor, too bad - said delinquent had a choice.