- Joined
- Jun 11, 2009
- Messages
- 19,657
- Reaction score
- 8,454
- Gender
- Male
- Political Leaning
- Libertarian
1. The individual mandate is considered a tax since SCOTUS ruled on it.
2. The GOP could not repeal it outright so they reduced the individual mandate to $0.
3. The GOP argued this somehow invalidates the entire law since there is no longer a mechanism to keep free riders from refusing to join the insurance market.
4. The judge agreed that the law is unconstitutional because...the GOP lowered the tax.
Am I missing something? By that logic could you not argue all taxes are unconstitutional if one party or the other reduces them to 0? Couldn't the alternative argument be that until ACA is repealed that it has to have an individual mandate tax and that lowering it to 0 was actually unconstitutional?
2. The GOP could not repeal it outright so they reduced the individual mandate to $0.
3. The GOP argued this somehow invalidates the entire law since there is no longer a mechanism to keep free riders from refusing to join the insurance market.
4. The judge agreed that the law is unconstitutional because...the GOP lowered the tax.
Am I missing something? By that logic could you not argue all taxes are unconstitutional if one party or the other reduces them to 0? Couldn't the alternative argument be that until ACA is repealed that it has to have an individual mandate tax and that lowering it to 0 was actually unconstitutional?