Monday, March 26, 2012

Day 1 of Obama Care hearings.

Today saw day one of oral arguments before the Supreme Court concerning ACA, or Obama care as we all know it. The issue before the judges was whether an obscure 1867 tax law prohibits lawsuits. Solicitor General Don Verrilli argued that penalty rather than tax,prevents an AIA inquiry. The Affordable Care Act says the cost for not complying with the requirement to obtain health insurance is a penalty, not a tax. If this is the case than the power to tax and spend under the commerce clause of the Constitution would render the insurance provision on the ACA null and void and unconstitutional. There is no way the U.S. Government can argue that a penalty is constitutional under the tax and spend provision of the commerce clause. Stay tuned tomorrow for more coverage of the trial and what it means for the Republic.


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