Sure, Obama himself told the American people it was not a tax. And the Democrat-controlled Congress, in forcing it through, insisted it was not a tax.
But now, in order to remove any standing of people to challenge its legality, it looks like the three-judge panel for the Fourth Circuit — two Obama appointees and one Clinton appointee — are set to rule that ObamaCare is a tax, and as such changes the legal landscape for those filing suit against it:
Under the Anti-Injunction Act, no one can sue to challenge the legality of a tax until after the tax has been paid. The statute specifies that no federal court has jurisdiction to hear a challenge until someone who has already paid the tax files suit, demanding a refund and the tax’s termination.
The individual mandate doesn’t go into effect until 2014. Therefore, if it is ruled to be a tax, then no one will have standing to sue until 2014. The Fourth Circuit cases would be dismissed.
It is a bedrock rule of constitutional law that when courts lack jurisdiction, they must limit their decision to that issue. Therefore in these cases, the Fourth Circuit would only explain why the individual mandate (or employer mandate) is a tax, explain why this means the court lacks jurisdiction to hear these constitutional challenges, and dismiss the case. There would be no discussion of the Commerce Clause or the Necessary and Proper Clause, or any other argument as to why Obamacare is unconstitutional.
Or, to put it another way, we’ll have to let the thing go into effect and pay for it before we know what’s in it. Constitutionally speaking.
So. We know the mandate was never intended as a tax. But the Fourth Circuit appeals panel — because they can make it look as if it were a tax — may rule, “reasonably”, that the text of Obamacare allows for just such an interpretation.
Next!
The fix is in.
It’s a good thing that down through the hallways of time, American constitutional law has been such a noble, rigorous, and principled pursuit, reliably championed by the very best among us. Cause otherwise stuff like this would be disenheartening.
QED²!
Wait, how is it a tax? I don’t pay a sales tax unless I buy something. I don’t pay an income tax unless I work. But I pay a “health insurance” tax regardless of whether I want it or need it? And since when does a tax dictate what I must purchase on the private market? Aren’t taxes collected by the Treasury? The government only gets a cut if I am penalized for not buying health insurance.
Summon the meteors, for the love of goodness.
Wow…At least FDR and his apparatchicks had to actually make the argument before the court that social security was a tax. It seems that the court is only too happy to do that for Obama.
Judicial activism, writ large; only this time via the opposite of emanating penumbras and all. All brought to you by the hijacking of intent.
But I’m sure that the lefties don’t mind the court protecting Obamacare by any means necessary.
FUck em. Swordfish style.
My outrage meter is overtaxed.
This shows how the Democratic strategy of filibustering judges and going slow on hearings during the Bush years can have a big payoff. Both of the Obama appointments were failed Clinton appointees for the same seats which remained unfilled during the Bush “interregnum”.
Forgot the link, here.
Not to worry, Kennedy, Kagan and the Wise Latina will be sure to stop this when it gets to the SCOTUS…
Of course the fact that we have to keep chasing the goal posts is no indication of malfeasance or fraud.
They really do seem bent on creating an army of Browncoats, aiming to misbehave.
Kagan, LTC John? You mean the same Kagan who flat out lied during her confirmation hearings about her input into the health care law? Pull the other one, it’s got bells on…