JakeStarkey
Diamond Member
- Aug 10, 2009
- 168,037
- 16,520
- 2,165
- Banned
- #441
(a) The Affordable Care Act describes the hared responsibility
payment as a penalty, not a tax. That label is fatal to the appli-
cation of the Anti-Injunction Act. It does not, however, control
whether an exaction is within Congresss power to tax. In answering
that constitutional question, this Court follows a functional approach,
[d]isregarding the designation of the exaction, and viewing its sub-
stance and application. United States v. Constantine, 296 U. S. 287,
294. Pp. 3335.
Holy fuck, this is what substitutes as legal reasoning by Roberts?
Roberts perceives his duty to try to make sure legislation comports with the Constitution. This is exactly what he did.