Procrustes Stretched
Dante's Manifesto
- Dec 1, 2008
- 65,483
- 10,206
The implication was(Huh??????)...We kept hearing all during the ObamaCare debates about how the US spent the most per capita on healthcare. The implication was very plain that ObamaCare would reduce per capita spending.
This was a classic bait-and-switch con job.
Somebody please add g5000 to that Ship-of-Fools Captained by Dizzy little tiizzie taz ( Dont Taz Me Bro ) and that hater of all things American The Rabbi?
Because what most EVERY sentient being on the planet knew AT THE TIME of debates over healthcare reform:
the decision:
No. 11–393. Argued March 26, 27, 28, 2012—Decided June 28, 2012*
In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate...
The Anti-Injunction Act and the Affordable Care Act, however, are creatures of Congress’s own creation. How they relate to each other is up to Congress, and the best evidence of Congress’s intent is the statutory text. We have thus applied the Anti-Injunction Act to statutorily described “taxes” even where that label was inaccurate. See Bailey v. George, 259 U. S. 16 (1922) (Anti-Injunction Act applies to “Child Labor Tax” struck down as exceeding Congress’s taxing power in Drexel Furniture). Congress can, of course, describe something as a penalty but direct that it nonetheless be treated as a tax for purposes of the Anti-Injunction Act. For example, 26 U. S. C. §6671(a) provides that “any reference in this title to ‘tax’ imposed by this title shall be deemed also to refer to the penalties and liabilities provided by” subchapter 68B of the Internal Revenue Code. Penalties in subchapter 68B are thus treated as taxes under Title 26, which includes the Anti-Injunction Act. The individual mandate, however, is not in subchapter 68B of the Code. Nor does any
other provision state that references to taxes in Title 26 shall also be “deemed” to apply to the individual mandate.
Amicus attempts to show that Congress did render the Anti-Injunction Act applicable to the individual mandate, albeit by a more circuitous route. Section 5000A(g)(1) specifies that the penalty for not c...