Libertarians!

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Re: Libertarians!

Unread postby Shikanosuke » Thu Jun 28, 2012 2:46 pm

Reading tweets that the individual mandate is permissible as a tax. But I think its pretty interesting. I had figured if they went ahead and upheld it they'd do so almost exclusively under the Commerce Clause. They didn't reach a majority on that though.
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Re: Libertarians!

Unread postby agga » Fri Jun 29, 2012 2:34 am

Shikanosuke wrote:Reading tweets that the individual mandate is permissible as a tax. But I think its pretty interesting. I had figured if they went ahead and upheld it they'd do so almost exclusively under the Commerce Clause. They didn't reach a majority on that though.


i can understand the reasoning, but it's funny how backwards it is (with respect to the originally claimed intention of the mandate, to penalize going commando). having health insurance is now basically a tax exemption, and the tax is on.. inevitable burden on the healthcare system?
造反有理!
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Re: Libertarians!

Unread postby Shikanosuke » Fri Jun 29, 2012 3:15 pm

agga wrote:
Shikanosuke wrote:Reading tweets that the individual mandate is permissible as a tax. But I think its pretty interesting. I had figured if they went ahead and upheld it they'd do so almost exclusively under the Commerce Clause. They didn't reach a majority on that though.


i can understand the reasoning, but it's funny how backwards it is (with respect to the originally claimed intention of the mandate, to penalize going commando). having health insurance is now basically a tax exemption, and the tax is on.. inevitable burden on the healthcare system?


Yea. I'll admit I was very surprised they broke from tradition and didn't put int under the Commerce Power. Personally I thought that was the safest way to go. I personally don't like the ruling, but at least it stopped short of considering not having insurance to be inherently a commercial choice.
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