"Now, as the price for delaying the implementation of the
court-created tax penalty, Republicans should demand truth in labeling.
The Democrats in Congress must now admit they have imposed a tax on
young and healthy Americans to get them to take the bad deal that is
Obamacare. And any suspension of this tax must be scored by the
Congressional Budget Office so the public knows the size of the tax
increase that will be imposed on the American people when the delay ends
and the tax kicks in. No longer will congressional supporters of the
ACA be able to evade political responsibility.
On the other hand, if the Democrats insist that the penalty is not a
tax, then they will be admitting that it is unconstitutional under the
Supreme Court’s decision. If Congress contradicts what the
administration told the Supreme Court, a new challenge can be brought
under the precedent of NFIB v. Sebelius.
The president, and those who supported this law, should now be forced
to bear the political consequences of their legislative and litigation
legerdemain. If Obamacare can only legally live by the tax, then its
supporters in Congress must politically die by the tax."
[The Volokh Conspiracy]
No comments:
Post a Comment