- Feb 22, 2017
- 109,345
- 38,034
Here's the problem with that. As Roberts pointed out in his previous decision, we already use these "mandates" extensively throughout the tax code. We just call them "tax incentives" instead. If the Court strikes down the mandate on the premise that using tax penalties to coerce behavior is unconstitutional, it would unravel thousands of similar abuses of the tax code. He wasn't ready to make that leap. Maybe this time he will be, but I doubt it.
It would be nice, but there is no way the SCOTUS will do that.
Far too much social engineering going on within the tax code. Taxes should be used to raise money, not control behavior.