Except for the decision on the expansion of Medicaid, ObamaCare largely survived the scrutiny of the Supreme Court. However, the individual mandate is gone; the Constitution does not allow Congress to command Americans to own health insurance. ObamaCare survived because Chief Justice John Roberts magically transmuted the penalty (for noncompliance with the now-defunct individual mandate) into a tax. But on page 39 of the decision, we read: It does not apply to individuals who do not pay federal income taxes because their household income is less than the filing threshold in the Internal Revenue Code. ยง5000A(e)(2). For taxpayers who do owe the payment, its amount is determined by such familiar factors as taxable income, number of dependents, and joint filing status. So not only does ObamaCare tax the individual, but that tax is a part of the Individual Income Tax. But when judging the characteristics of a tax, one must ask: what does the tax assess? John Roberts' new "ObamaCare tax" assesses ownership of health insurance. It's some strange type....
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