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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: 2386
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.

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Begin Trace Mode for Comment # 8.

#1. To: nolu chan (#0)

a tax is a tax, is a tax, what part of tax is not understood?

paraclete  posted on  2019-12-18   20:06:36 ET  Reply   Untrace   Trace   Private Reply  


#2. To: paraclete (#1)

a tax is a tax, is a tax, what part of tax is not understood?

Taxation for the purpose of behavior control is also unconstitutional, and the mandate/penalty/tax on people for not buying insurance is clearly in place for the purpose of behavior control.

Pinguinite  posted on  2019-12-18   20:28:15 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Pinguinite (#2)

Taxation for the purpose of behavior control is also unconstitutional,

Not really. Taxes are put in place to discourage behavior, and tax breaksare put into place to encourage other behavior. there's nothing unconstitutional about that.

Vicomte13  posted on  2019-12-20   10:13:24 ET  Reply   Untrace   Trace   Private Reply  


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