SCOTUS Says Obamacare is a Tax, so a Tax Bill Can End It

Jeffrey Tucker makes an excellent point from within the Statey von stateface parameter about the outrage coming from the statist American left about the GOP Tax Bill that appears (possibly, but this bill is 500+ pages long) to have effectively ended the individual mandate of Obamacare.  This means Obamacare will actually have to become a product people voluntarily want.
Tucker’s argument is that the GOP tax bill treated Obamacare the way the Supreme Court treated it in order to justify keeping something in place that forces people to buy a product or face a fine (which, apparently, is not a fine, it’s a tax).
The Supreme Court treated it as a tax, and there is really no limit to how the Federal government can tax you (and no, the 16th amendment didn’t REALLY give the Federal government that power, but that’s another story).  So of course the Republicans can end a tax through the legislative process.  Live by the tax game, die by the tax game.

The Obamacare Mandate Is a Tax, So the Senate Bill Is Correct – Beautiful Anarchy – Jeffrey Tucker

The Washington Post is outraged. The New York Times even more so.

Commentators are going nuts.

“Using a tax bill to abolish the individual mandate amounts to a backdoor way of sabotaging Obamacare,” writes John Cassidy.

“Republicans, and Donald Trump, have counted on that (as well as your limited outrage bandwidth) in slipping an Affordable Care Act mandate repeal inside their insidious tax bill,” writes Bridget Read.

Obamacare’s much-despised individual mandate is, in fact, a tax. It is properly dealt with in a tax bill. All this howling is due to how the GOP-controlled Senate used a tax bill to repeal a health bill. The implication is that this is something shady and duplicitous, like an exercise in false pretense.

Actually, there is absolutely nothing shady about the repeal of the Obamacare mandate. There is no back door here. No bait and switch. Obamacare’s much-despised individual mandate is, in fact, a tax. It is properly dealt with in a tax bill.

Don’t take my word for it. This is precisely what the Supreme Court itself ruled in National Federation of Independent Business v. Sebelius (2012). It was widely seen as the ruling that codified Obamacare, giving it the constitutional gloss it needed to stay a law.



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Paul Gordon is the publisher and editor of iState.TV. He has published and edited newspapers, poetry magazines and online weekly magazines. He is the director of Social Cognito, an SEO/Web Marketing Company. You can reach Paul at