{"id":41498,"date":"2012-06-29T12:39:42","date_gmt":"2012-06-29T18:39:42","guid":{"rendered":"http:\/\/proteinwisdom.com\/?p=41498"},"modified":"2012-06-29T13:28:40","modified_gmt":"2012-06-29T19:28:40","slug":"white-house-statement-on-obamacare-mandate-tax-contradicts-supreme-court-ruling","status":"publish","type":"post","link":"https:\/\/proteinwisdom.com\/?p=41498","title":{"rendered":"“White House Statement on Obamacare Mandate Tax Contradicts Supreme Court Ruling”"},"content":{"rendered":"

It’s a penalty<\/a>. Duh<\/em>.<\/p>\n

According to press reports, White House spokesman Jay Carney told reporters aboard Air Force One that the penalty was not a tax but a penalty.<\/p>\n

\u201cIt’s a penalty, because you have a choice. You don’t have a choice to pay your taxes, right,\u201d Carney is quoted as saying by Yahoo News.<\/p>\n

In a 5-4 ruling issued just one day before, Chief Justice John Roberts stated that the mandate was not a penalty and was, in fact, a tax.<\/p>\n

\u201cThe Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,\u201d Roberts wrote.<\/p>\n

Roberts said that the mandate \u201cmakes going without insurance just another thing the government taxes, like buying gasoline or earning an income.\u201d<\/p>\n

Nevertheless, Carney said that it was not a \u201cbroad-based tax,\u201d arguing that few Americans will pay it.<\/p><\/blockquote>\n

See?\u00a0 It’s not a tax because it doesn’t really, you know, function<\/em> as a broad-based tax, though it does<\/em> function as a taxing function, which is why it’s constitutional, functionally speaking.<\/p>\n

Making the individual mandate at the heart of this historic caring legislation a deliciously non-broad-based and rarely required penalty<\/em> that is legally speaking a tax, but practically speaking not a tax at all.<\/p>\n

Thanks for passing it though, Mr federalist! Doing so may have just saved the union from our shrieking tantrums. Which is far more important than saving some old document nobody much pays any attention to anymore anyway, it being, like, a hundred<\/em> years old and stuff.<\/p>\n

Plus, now we have a spanking new Wickard<\/em> to fuck around with!<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

It’s a penalty. Duh. According to press reports, White House spokesman Jay Carney told reporters aboard Air Force One that the penalty was not a tax but a penalty. \u201cIt’s a penalty, because you have a choice. You don’t have a choice to pay your taxes, right,\u201d Carney is quoted as saying by Yahoo News. In a 5-4 ruling issued just one day before, Chief Justice John Roberts stated that<\/p>\n

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