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Charlie Kirk Shocks Florida State University With The TRUTH IRL Confronting Protesters Outside UN Trump Meeting Status: Not Logged In; Sign In U.S. Constitution See other U.S. Constitution Articles Title: Fifth Circuit Rules Obamacare Individual Mandate Unconstitutional Source: 5th Circuit Court URL Source: http://www.ca5.uscourts.gov/opinions/pub/19/19-10011-CV0.pdf Published: Dec 18, 2019 Author: Jennifer Walker Elrod, Circuit Judge Post Date: 2019-12-18 19:35:45 by nolu chan Keywords: None Views: 3871 Comments: 16 Fifth Circuit Rules Obamacare Individual Mandate Unconstitutional http://www.ca5.uscourts.gov/opinions/pub/19/19-10011-CV0.pdf Texas et al v United States et al, 19-10011 (5th Cir, 18 Dec 2019) Opinion Before KING, ELROD, and ENGELHARDT, Circuit Judges. Opinion by JENNIFER WALKER ELROD, Circuit Judge. A dissenting opinion was filed by King, Circuit Judge. At 44: In NFIB, the individual mandate—most naturally read as a command to purchase insurance—was saved from unconstitutionality because it could be read together with the shared responsibility payment as an option to purchase insurance or pay a tax. It could be read this way because the shared responsibility payment produced revenue. It no longer does so. Therefore, the most straightforward reading applies: the mandate is a command. Using that meaning, the individual mandate is unconstitutional. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 12. #9. To: nolu chan (#0) Obamacare had two parts -- an individual mandate to purchase health insurance and a penalty(tax) if you didn't. Because those two parts were tied together thereby giving the citizens a choice, the USSC ruled that Obamacare was constitutional. When Congress removed the penalty(tax) in in the Tax Cuts and Jobs Act of 2017, all that was left in Obamacare was the individual mandate -- meaning that the individual mandate to purchase health insurance was now a command, not a choice. Because of that, the mandate was ruled unconstitutional. misterwhite  posted on  2019-12-20   11:45:14 ET  Reply   Untrace   Trace   Private Reply   #10. To: misterwhite (#9) Obamacare had two parts -- an individual mandate to purchase health insurance and a penalty(tax) if you didn't. In the original SCOTUS decision, the Court a rule of constitutional construction which held that among competing possible interpretations, an interpretation held to be constitutional will be taken. Thus, Roberts CJ found that the individual was unconstitutional as a penalty, but constitutional as a tax, and adopted the interpretation that it was a tax. Subsequent legislation reduced any possible penalty to zero, eliminating any possibility of the so-called tax to generate any revenue. With the Obamacare law having been amended to eliminate the revenue generating provision, the interpretation of the individual mandate as a tax was eliminated, and it reverted to being a penalty under the commerce clause. However, as a penalty under the commerce clause, it was clearly unconstitutional and a nullity. nolu chan  posted on  2019-12-20   18:18:01 ET  Reply   Untrace   Trace   Private Reply   #11. To: nolu chan (#10) Thus, Roberts CJ found that the individual was unconstitutional as a penalty, but constitutional as a tax, and adopted the interpretation that it was a tax. I understand. But the Democrats presented and passed Obamacare as containing no new taxes. Sure, there was a small penalty imposed on those unpatriotic Americans not participating in this wondrous program, but those were probably Republicans anyways. Justice Roberts was correct, BUT it was not within his power to change legislation to make it constitutional. It should have been sent back to Congress with the instruction to change the wording from "penalty" to "tax" such that the American people were presented with the truth. If it passed with that wording, so be it. misterwhite  posted on  2019-12-21   10:32:32 ET  Reply   Untrace   Trace   Private Reply   #12. To: misterwhite (#11) Justice Roberts was correct.... I would just note that it took John Roberts plus four more to speak for the Court. Prior to the opinion, I wrote an article asserting that the Obamacare penalty should be struck down as an unconstitutional violation of the commerce clause. I did not consider calling a penalty a tax. But I must admit that they did follow a stated rule of interpretation to a somewhat mystical conclusion. nolu chan  posted on  2019-12-21   11:13:20 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 12. #13. To: nolu chan (#12) I did not consider calling a penalty a tax. I think they ended up calling it a tax penalty. Or a penalty tax. Something like that. "Prior to the opinion, I wrote an article asserting that the Obamacare penalty should be struck down as an unconstitutional violation of the commerce clause." I don't see how the Commerce Clause comes into play. Congress has the power to tax. Nothing to stop them from saying, "If you don't do this, you pay a higher tax". For example, if you don't contribute to charity, you pay a higher tax. Right? What if Congress raised everyone's taxes by $1000, but gave a tax credit of $1000 to everyone who paid for health insurance? Same thing, right? Just worded differently. misterwhite  posted on  2019-12-21 12:13:47 ET  Reply   Untrace   Trace   Private Reply   #14. To: nolu chan (#12) I would just note that it took John Roberts plus four more to speak for the Court. John Roberts plus four liberal justices. His was the swing vote. No need to mention the other 8. misterwhite  posted on  2019-12-21 12:17:58 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 12. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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