Congress: ‘It’s Not a Tax.’ SCOTUS: ‘Yes It Is.’

The Supreme Court ruled that ObamaCare’s individual mandate is not constitutional under the Commerce Power, which was how Congress framed the mandate to avoid a political backlash from calling it a tax. Congress and the president swore up and down that the mandate was not a tax. Yet the Court upheld the mandate as a valid use of that disavowed taxing power. What Congress said the individual mandate is, the Court said is not constitutional. What Congress said the mandate is not, the Court ruled is constitutional. Everybody got that?

Where does that leave us?

  1. The Supreme Court just enacted a law that Congress never would have passed.
  2. The Court just told Congress it is okay to lie to the people to avoid political accountability.