Leader McConnell, and his fellow Republicans, should read the Majority ruling before they embarrass themselves further.
In the opening paragraphs of Chief Justice Roberts’ opinion, he clarifies that the law specifically
does not involve a tax. If it did, Roberts clarifies, the Court would
have had no choice but to reject the case for lack of jurisdiction as a
tax case cannot be brought until someone is actually forced to pay the
tax. This is, as we know, not the case.
The fact that the Court found that the mandate was constitutional
under the taxing authority granted Congress by the Constitution is an
entirely different matter. This finding does not reduce the individual
mandate to the status of a tax—it merely says that as the penalty for
failing to purchase health insurance will fall to the Internal Revenue
Service for collection, it was something Congress could p
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