If mandatory insurance is a “tax”, then ObamaCare violates Constitute’s Uniformity Clause
By defining the mandate as a tax, one that will not be uniformly applied, the Supreme Court ran afoul of the Constitution. Continue reading
Ten Reasons ObamaCare is a Government Takeover of Health Care
Some argue that ObamaCare isn’t a government takeover of health care. Here are ten reasons why it is: Continue reading
Obamacare Adapts The Worst Of Swisscare, Rejects The Best
Some elements of Santésuisse would prove beneficial if implemented in the United States. But Obamacare chose the wrong ones. Continue reading
How Much Is The Obamacare Mandate Going To Cost You? – Forbes
At Forbes.com, Grace-Marie Turner outlines the income-dependent penalties (“taxes”) for not buying a legal medical insurance policy. Continue reading
Is mandatory insurance enforceable? If so, penalty too small, insurance death spiral possible
The IRS may not be able to enforce mandatory insurance. If it can, penalty is too weak, which can destroy non-group insurance markets. Continue reading
Can the IRS Can Use Liens and Incarceration to Enforce ObamaCare’s Individual Mandate?
“But, money being fungible, the IRS may simply deem my first $1,000 of income-tax withholding to be payment of that penalty,” & use all its intimidation power to collect the $1000 or real tax owed. Continue reading
Supreme Court & health care: Speeding is legal – just pay fine through the IRS!
Pretty much any other mandate could be magically converted into a tax by the same sleight of hand – so long as the penalty for violating it is a fine similar to the one that enforces the individual mandate. Continue reading
Supreme Court & health care: Speeding is legal – just pay fine through the IRS!
Pretty much any other mandate could be magically converted into a tax by the same sleight of hand – so long as the penalty for violating it is a fine similar to the one that enforces the individual mandate. Continue reading
Rob Natelson on Supreme Court’s sophistry, why mandatory insurance is not a tax
The rampant sophistry of the SCOTUS decision. Why mandatory insurance is not a tax, and if it is, it’s unconstitutional because it’s a direct tax that is not apportioned among the states. Continue reading
Dave Kopel Explains SCOTUS ObamaCare Decision
Host Jon Caldara is joined by Dave Kopel, constitutional law professor and attorney of record for two (count ’em, two) Independence Institute amicus briefs in the Obamacare Supreme Court case, to dissect and explain the court’s rulings on the controversial health care law. Continue reading
Dave Kopel Responds to ObamaCare Decision
The Court’s decision against the Medicaid mandate means that Colorado has the right to choose whether or not to drastically expand state spending on Medicaid; Congress cannot coerce Coloradans to do so. Continue reading
The dubious policy assumptions behind ObamaCare’s legal defense
ObamaCare’s legal defense relies as much on policy arguments—about the nature of uncompensated medical care, the role of Medicaid, and the interaction of the law’s various provisions—as it does on constitutional reasoning. But the policy case is just as dubious as the constitutional one. Continue reading
