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  • poltava_v poltava_v Jul 27, 2012 5:11 PM Flag

    Now that Obamacare is a tax,

    Uhhh...didn't Obama's lawyer argue that it was a tax and not commerce before the SCOTUS? Then the SCOTUS agreed and now you have one of the largest tax increases in quite some time?

    I was also told I could keep my plan....that ain't happening either. The amount of lies you guys have stacked in this thing is beyond comprehension.

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    • Caveat: I haven't read the Supreme Court briefs so I'm going on reports in the press.

      The administration defended the mandate on Commerce Clause grounds. They threw in the tax argument at the last minute as a make-weight. They didn't think it had any chance of success, but in the manner of lawyers since time immemorial, they advanced every argument that might possibly work. In this case, to their great astonishment and relief, Rogers built his opinion on the taxing power.

      According to press reports, Obama was so certain that the mandate was gong to be ruled unconstitutional, he had already begun drafting a statement about it. The four conservatives on the other side were equally surprised, as you can tell from reading Scalia's opinion, which consistently refers to Justice Ginsburg's concurrence as "the dissent".

 
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