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Unfortunately, however, Roberts bought into the third fallback position that the government brought into the case: that the Obamacare law is within the taxing power of Congress. What is so extraordinary about this strained holding is that both President Obama and the congressional supporters of Obamacare all vehemently denied that the penalty an individual will pay if he does not comply with the individual mandate was a tax. In fact, the government took the completely contradictory position that the penalty was a penalty for the purposes of getting around the Anti-Injunction Act (which prohibits a lawsuit against a tax until the tax has been paid by the taxpayer) but then claimed it was a tax within Congress’s constitutional power to “lay and collect Taxes.”

This expansive reading of the tax authority is almost as bad as the kind of expansive reading of the Commerce Clause that the government and liberals wanted: it places virtually unlimited authority in Congress.

via PJ Media » The Supremes Get It Fundamentally Wrong.

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