After once again ignoring and violating the separation of power between the States and the federal government, the United States Supreme Court added insult to injury by perverting the taxing clause of the Constitution to sustain the federal government’s unconstitutional intrusions into private healthcare. Republicans responded by stating they will repeal the individual mandate if they win the November elections. If republicans win and decide to follow through with their so-called promise, I have a simple way for them to negate the individual mandate and nullify the Court’s decision.
When Congress wrote and passed the Affordable Care Act, the individual mandate provision in section 5000A(b) (1) was clearly written as a penalty, not a tax. Justice Robert’s acknowledged this fact several times in the Court’s opinion:
“The Affordable Care Act describes the ‘[s]hared responsibility payment’ as a ‘penalty,’ not a ‘tax.’”
“It is of course true that the Act describes the payment as a ‘penalty,’ not a ‘tax.’”
The majority on the Court took it upon themselves to assume the role of Congress and unconstitutionally re-write the statute and transform a penalty into a tax. Apparently, the Court thought Congress was too stupid to know the difference between a tax and a penalty when it wrote the statute. A review of the Act shows Congress knows the difference.Details