It doesn't make sense.
Furthermore, under the Anti-Injunction Act, if it is a tax, then the trial cannot be heard until someone pays the tax, which is not until 2014.
Chief Justice Roberts ignored the Anti-Injunction Act to proceed with the case. It also appears that he was originally siding with the conservative justices + Kennedy. It seems he was swayed by the media onslaught back in May regarding the potential outcome of this ruling. Deeply troubling, lifetime tenure is supposed to sheild them from political influence.
There are several things to take from this IMO:
1. Taxing power broadly expanded - the bad is obvious, the good is that taxes are unpopular and to pass a bill as a tax it will be harder than merely calling something a penalty. Plus tax bills must originate in the House. Of course, this requires truth in labeling and a court that will not simply bail out the Congress.
2. Some state soveriegnty is actually protected by the ruling that the Feds cannot take away existing Medicaid funds if states refuse to participate in the expansion, meaning they seem to be able to opt out of Obamacare. This could potentially be a big deal. But it could also work to Obama's advantage by him manipulating and saying that the system is broke and this is just one more reason we need a single payer system.
3. November just became that much more important.
4. Unlike what everyone says, Roberts did NOT restrain the Commerce Clause. His comments on the Commerse Clause came in his dictum and is not binding.
James 1:16-17 ESV
Do not be deceived, my beloved brothers. Every good gift and every perfect gift is from above, coming down from the Father of lights
With God's help...Mens sana in corpore sano
Last edited by Commander; 07-03-2012 at 04:21 PM.