The government made two arguments:

1. The government was allowed to force people to get insurance under the Commerce Clause.

2. If not, the government could tax those with the ability to get insurance who didn't under the Congress's right to assess taxes.

So taxes were before the court.

They decided no, the Commerce Clause argument was unconstitutional. The federal government can't force people to enter commerce by making them buy something they don't want to buy. So that argument failed. But it can tax those who don't buy it under the alternative argument.

Justice Roberts, who will go down in history for restoring some faith in the US Supreme Court as not being a crassly political partisan body, didn't invent the tax argument. It was presented by the government in its arguments, and it won.

[ Reply to This | Parent | # ]

• when is a tax not a tax? Misses the Point - Authored by: Anonymous on Friday, June 29 2012 @ 09:23 PM EDT
  • when is a tax not a tax? Misses the Point - Authored by: Anonymous on Friday, June 29 2012 @ 09:40 PM EDT
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          • Is ObamaCare moral? - Authored by: PJ on Saturday, June 30 2012 @ 10:22 AM EDT
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    • When it is a tax and was argued as such: *You* miss the point. - Authored by: Anonymous on Saturday, June 30 2012 @ 12:23 AM EDT
      • When it is a tax etc. - Authored by: Anonymous on Saturday, June 30 2012 @ 12:52 AM EDT
  • when is a tax not a tax? Misses the Point - Authored by: PJ on Friday, June 29 2012 @ 11:48 PM EDT