Many people continuing to absorb the recent SCOTUS Healthcare ObamaNation… A few questions pass through my own personal mind:
FIRST – If the healthcare insurance “mandate” is an allowable, albeit unavoidable, taxation passed on citizens regardless of their economic inactivity then what happens to all those “waivers” granted? A non-congressional federal department, in this case HHS, cannot lawfully “waiver” taxation?
SECOND – If the first dime of healthcare coverage is now considered taxation, because the first moment of non-engagement in activity is considered taxable, then all healthcare premium expenditures are taxes and therefore automatically deducted from taxable income right? I mean the only way to collect the taxation is through employment activity, ie. income, and if income expenditures on healthcare coverage are now considered taxes, then they should be deductible from income from the first dime. No?
(Economist) AS PETER SUDERMAN of Reason put it, “Some coup”. The individual mandate passes constitutional muster after all. Crisis of legitimacy averted! Akhil Reed Amar’s life has not been a fraud!
However, according to the majority decision by John Roberts, the Supreme Court’s conservative chief justice, the mandate cannot be justified on commerce-clause grounds. Indeed, Mr Roberts wholly affirms the argument that the commerce clause cannot regulate economic inactivity. From the syllabus of the decision: (more…)