decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
when is a tax not a tax? Misses the Point | 212 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
when is a tax not a tax? Misses the Point
Authored by: Anonymous on Friday, June 29 2012 @ 06:04 PM EDT
Sorry but you certainty are missing it in that my posting does not refer to a
legal thought flow but it does refer to a logic and political thought flow of
what is happening, how and why.

For a more detail process flow see the 12 point sequence posted above.

To fully appreciate this one must realize that the ruling gutted the individual
mandate based on the commerce clause while upholding it based on the ability to
tax only because the tax question was not before the court and could not come
before the court until after someone has paid the tax and sued for relief and
that this can not happen for at least 2 years.

To rephrase the mandate as a tax is legal as long as it is not used but the
minute it is used a court action will be filed against it and it will be deemed
unconstitutional.

Next ObamaCare appearance tentatively scheduled for 2017 at which time ObamaCare
as a tax will be declared unconstitutional.

Not only that but if the tax issue were removed from the ObamaCare opinion and
the individual mandate declared unconstitutional there would be riots in the
street but with the tax issue included the court has the radical left praising
the right for complete and total destruction of ObamaCare.

ObamaCare is more dead today than if the court had simply declared the
individual mandate unconstitutional from the commerce clause as this procedure
gives the court a second chance, a second byte at the apple, to declare
ObamaCare dead as a tax issue.

Obama really should not have stuck it to the court in that joint session of
congress and he would not find himself having to praise the court for complete
and total destruction of ObamaCare.


[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )