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Saturday, July 14, 2012

Legal Analysis of the Obamacare Ruling

Breitbart has a legal contributor, Ken Kuklowski, faculty at Liberty University School of Law. I greatly appreciate his legal perspective.

Confusion has reigned over whether Obamacare’s individual mandate is a tax, because politics has gotten in the way of serious discussion (no surprise there). As Governor Mitt Romney tried discussing the issue like the serious businessman and serious lawyer (Harvard Law School) that he is, political operatives were so busy making an important political point that it looked like they were on different pages.

Then Romney brought order to chaos by plainly stating: Obamacare’s Individual Mandate was a mandate with a penalty, not a tax. Although the Constitution allows states to impose mandates (like car-seat mandates for children, seat-belt mandates for adults, and car-insurance mandates for driving) such as Massachusetts, the same Constitution makes it illegal for the federal government to impose an insurance mandate. But when Chief Justice John Roberts saved the Individual Mandate by declaring it a tax, it now becomes a tax.
Thus the Individual Mandate was not a tax. The Massachusetts mandate is still not a tax. But now henceforth Obamacare’s Individual Mandate is a tax, thanks to an astounding declaration by the Supreme Court.
So Romney hit it exactly right: The individual mandate is unconstitutional unless it’s a tax. Romney was right to say that as a penalty it was unconstitutional. And once the Supreme Court (wrongly) declares it a tax, it’s now a tax. It would be nice if the rest of his party would get on board with their nominee’s message, because their nominee happens to be 100% correct, and seems to be one of the few leaders on television who fully grasps the law and the facts on this case.
Read the whole analysis for more of his perspective. And go Romney!

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