Constitutional scholar and former law professor Rob Natelson, currently of the Independence Institute, addressed the Supreme Court’s ruling on ObamaCare at a June 29 rally in Denver:
In this related blog post Natelson describes why mandatory insurance is not a tax. Second, “The court failed to recognize that even if the penalty were a tax it would be a “direct” tax, and therefore subject to apportionment among the states.”
Read more: Defects in the Supremes’ holding that the Obamacare penalty is a “tax”.
But wait, there’s more! Rob also sat down w/ Justin Longo for an iVoices podcast: “Why ObamaCare’s Penalty is Not a Tax” [mp3]
Elaborating on whether mandatory insurance is a direct tax, Ilya Somin writes:
It’s worth noting that Chief Justice Roberts’ opinion only briefly discusses the crucial question of whether the mandate – if it is a tax at all – turns out to be an unconstitutional “direct tax.” The four justice dissent by Alito, Kennedy, Scalia and Thomas properly takes him to task for this. …