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Penumbra of a tax

It’s not tax enough to invoke the Anti-injunction Act of 1987, but it will be collected by the IRS so it’s a legal, Constitutional, tax?

Maybe it’s just a shadow of a tax?

The Roberts decision on the mandate to purchase health insurance, is more confusing to me than most legal decisions. I keep looking for a way to untangle what appears to be circular contradiction, rather than logic. Here’s the best summary I’ve found that seems to say that the money the IRS collects is a tax, not a penalty for breaking the law:

Such an analysis suggests that the shared responsibility payment may for constitutional purposes be considered a tax. The payment is not so high that there is really no choice but to buy health insurance; the payment is not limited to willful violations, as penalties for unlawful acts often are; and the payment is collected solely by the IRS through the normal means of taxation. Cf. Bailey v. Drexel Furniture Co., 259 U. S. 20, 36–37. None of this is to say that payment is not intended to induce the purchase of health insurance. But the mandate need not be read to declare that failing to do so is unlawful. Neither the Affordable Care Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring a payment to the IRS. And Congress’s choice of language—stating that individuals “shall” obtain insurance or pay a “penalty”—does not require reading §5000A as punishing unlawful conduct. It may also be read as imposing a tax on those who go without insurance. See New York v. United States, 505 U. S. 144, 169–174. Pp. 35–40.

Many of us have complained that laws and regulations have become too complicated, that no one can keep up or even avoid inadvertently breaking laws here and there. But this law is even worse because it forces action and taxes or penalizes the failure to act according to the Government’s determination of what is for our own good, rather than punishing an action or inaction that infringes on the rights of another.

To repeat hundreds of others, including the Justices who wrote the dissenting report, what are the limits of the Government once it can charge me for not doing some act?

All I can say is, vote to overturn the ObamaTax.

 

About bnuckols

Conservative Christian Family Doctor, promoting conservative news and views. (Hot Air under the right wing!)

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