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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Bread Upon The Water who wrote (135823)4/6/2010 12:34:07 AM
From: TimF  Read Replies (1) | Respond to of 543108
 
It wasn't passed as a tax, but as a mandate with a penalty.

I think its pretty clear the courts would find no problem with it if it was a general tax of the penalty amount with a tax refundable tax credit for buying insurance, even just a tax on not having insurance might pass muster, (or might be considered a criminal penalty framed as a tax, which would I think be a reasonably finding, but if there is any way to possibly square this with the constitution I think the courts will give it the benefit of the doubt, so if it was written as such a tax it would probably stand.)