Tag Archives: Unconsitutional

Obama flip-flops on health care mandates – now it IS a tax

Here’s the deal. In order to get the health care bill to pass, Obama had to trick people into thinking that it was not going to result in higher taxes.

So, you would see him on ABC News before the bill was passed saying that forcing people to buy things they don’t want is not a tax:

OBAMA: No. That’s not true, George. The — for us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase.

OBAMA: My critics say everything is a tax increase. My critics say that I’m taking over every sector of the economy. You know that. Look, we can have a legitimate debate about whether or not we’re going to have an individual mandate or not, but…

STEPHANOPOULOS: But you reject that it’s a tax increase?

OBAMA: I absolutely reject that notion.

So forcing people to buy health insurance and fining them if they don’t is NOT A TAX, he says.

And so the bill was passed.

But the thing is, the government can’t legally force people to buy health care coverage – it’s unconstitutional! And people are suing them for having passed an unconstitutional law. So now the Obama regime has to argue in court that it really is a tax in order to escape court challenges that they overstepped their bounds by passing a health care mandate.

The American Spectator explains. (H/T Hot Air)

Excerpt:

In order to protect the new national health care law from legal challenges, the Obama administration has been forced to argue that the individual mandate represents a tax — even though Obama himself argued the exact opposite while campaigning to pass the legislation.

Late last night, the Obama Department of Justice filed a motion to dismiss the Florida-based lawsuit against the health care law, arguing that the court lacks jurisdiction and that the State of Florida and fellow plaintiffs haven’t presented a claim for which the court can grant relief. To bolster its case, the DOJ cited the Anti-Injunction Act, which restricts courts from interfering with the government’s ability to collect taxes.

The Act, according to a DOJ memo supporting the motion to dismiss, says that “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed.” The memo goes on to say that it makes no difference whether the disputed payment it is called a “tax” or “penalty,” because either way, it’s “assessed and collected in the same manner” by the Internal Revenue Service.

It actually is a tax, and just another one of the many ways that Obama broke his campaign promise not to tax the middle class. How else is he going to pay for the trillion-dollar deficits he is creating? He has to raise taxes – or devalue our savings with inflation. There is no third way. The money has to come from somewhere – and if you tax the rich you just end up losing jobs.