Monday, July 2, 2012
Affordable Care Tax
After the Supreme Court ruled on the ACA, I opined as to how the decision wasn't as horrible as we might have feared and a little about why it might have gone that way. However, I believe I might have been misunderstood, the decision contravenes reasonable constitutional principles. The Congress explicitly stated that the penalties in the ACA are not a tax; the Congress should have been hoist on its own petard and the entire law declared unconstitutional because they also refused to include a severability clause. The Democratic congress that passed this law dared the Supreme Court to rule in a consistent manner and the Chief Justice blinked. Despite the silver linings, this is no victory for the constitution.