colfax_m
Diamond Member
- Nov 18, 2019
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First, I don't care who argued it or if it is common. The ruling is what it is. The individual mandate is a tax. Therefore it is constitutional. What you said about the exchanges and healthcare regulations being a tax is gibberish.The "whole thing" wasn't a tax. The individual mandate was a tax. The healthcare exchanges and the regulation of healthcare is not a tax.
"Question......if the so-called mandate is now zero.....how is that causing harm to anyone?? it is effectively non-existent so that also means its not unconstitutional...."
I clearly answered that in my original point:Roberts decided he had a career to think of over his country and decided the whole thing was a tax because of the mandate. That somehow made healthcare exchanges and regulating our healthcare also inexplicably a tax
"Second question that I have not seen a simple conservative answer.....How was Trump going to present a healthcare plan that would provide better quality healthcare and cover everyone for lower costs???"
You make the falacious assumption that your healthcare is everyone else's job to provide for you.The better answer is free markets, something that doesn't exist in the medical industry
The individual mandate is a tax. That's how the individual mandate is constitutional. That doesn't have anything to do with exchanges or regulation of healthcare.
Glad we can clear that up.
First of all, it was wildly uncommon for the justification for his ruling to be something that neither side argued. The Obama administration argued it was NOT a tax.
Second, there was no severability clause, so even if the mandate was a tax, the whole thing should have been tossed.
Roberts again came out with a bizarre argument and said well, they MEANT to put in a severability clause, but they ran out of time, so he'll pretend it was there. Then he didn't throw out the rest of the bill that clearly wasn't a tax even though he admitted that and pretended there was a severability clause.
As I said, Roberts cared about his career. Not the law, not his country. He just wildcatted the whole thing
Second, this doesn't make any sense. "Severability" would mean that if one part is declared unconstitutional then the whole bill would stand. If there is no "severability" clause, then if the individual mandate was unconstitutional, then the whole bill would have to be declared unconstitutional. So if the mandate is a tax, and therefore constitutional, then severability doesn't even come into play.