ObamaCare: Supreme Court may postpone ruling till 2016
Now isn’t that a crock… If this actually happens Obama will be a dictator by then and if not America will be in shambles and ObamaCare will be so entrenched that it can’t be undone. If for no other reason… we need to make Barack Obama a one-term president!
This morning’s newspapers report an ominous development in the ObamaCare litigation, now pending in the U.S. Supreme Court:
The Court posted a seemingly minor but potentially important administrative change that signals it might postpone delivering a final ruling on the constitutionality of ObamaCare until the middle of 2016!
Specifically, the high Court increased the time it will devote to hearing oral arguments on whether the health care mandate is a tax for purposes of something called the Tax Anti-Injunction Act (26 U.S.C. § 7421(a)).
Why is that important? Because the taxing power is the strongest constitutional basis for upholding ObamaCare.
1) If the Court finds the mandate is a tax, it will likely uphold ObamaCare.
2) Finding that the mandate is a tax for purposes of the Tax Anti-Injunction Act would signal that the Court thinks it is indeed a tax, in which case … see point 1. And yet, because of how the Tax Anti-Injunction Act works, the Court would not be able to render a final judgment until several years from now, thereby denying voters a critical piece of information: What does the Supreme Court think about ObamaCare’s constitutionality?
The historically lengthy oral arguments in the case, HHS v. Florida — now expanded by thirty minutes to an unprecedented six hours — are slated to take place in late March. A formal ruling in the case is expected by early July. But will it be the final ruling? That’s now less clear.
To fully understand this development, one needs to understand the Tax Anti-Injunction Act.
First enacted in 1867, the Act sweepingly forbids any court from hearing any case in which any person attempts to prevent the assessment or collection of a tax. Once a tax has been assessed and collected, however, a court may hear a case on it.
The question in this case is: Is the health mandate penalty a tax, or not?
The ObamaCare mandate is enforced by means of a penalty, collected by the IRS. Congress placed the penalty language in the Internal Revenue Code. With some exceptions, beginning in tax year 2014, it will be imposed on every citizen who doesn’t check a box on his annual IRS tax return affirming that he has purchased government-controlled health insurance.
But despite all of that, it’s still unclear whether the penalty is a tax. Why? Because past Court rulings have said that it’s only a “tax” if its primary effect is to “raise a revenue.” If it’s primary effect is to coerce, it’s a mandate masquerading as a tax. The health care mandate’s primary effect is to make people buy health coverage, not to raise a revenue. It raises very little revenue, in fact.
So far, lower federal courts have come down on both sides of this issue. And for complicated legal and political reasons, the Obama Administration has actually been taking boths sides on it: In Congress, the President’s men say it’s not a tax; in court, they say it is one.
If the high Court were to decide the mandate is a tax for purposes of the Tax Anti-Injunction Act, it would ensure that President Obama, who faces reelection in November, doesn’t have to suffer the political blow of having the Supreme Court strike down his signature domestic achievement before the election.
It would also give the unpopular law more time to take root, and thereby give its supporters more time to stave off repeal.
- ObamaCare doesn’t go into full operation until January 2014.
- The first time the IRS can levy the mandate penalty/tax won’t be until folks file their tax returns, in mid-April 2015.
- The slow judicial process will likely delay a final judicial ruling until mid-2016.
By which time, perhaps the public may have resigned itself to accepting this awful law.
Interestingly, both sides in the case would prefer that the Court not punt.
- The Administration’s lawyers’ request for extra time suggests that, while they want the Justices to set aside the Tax Anti-Injunction Act, they are not entirely confident of their ability to do so.
- The lawyers on the anti-ObamaCare side agreed to the request for additional time, which suggests that they too are taking this issue seriously.
- The Court agreed to grant the extra time, despite having already given an unprecedented five and a half hours to this historic case.
Today’s development is just another reason why we cannot count on the courts to repeal the government takeover of health care.
However the courts finally rule, we citizens must keep fighting to protect our threatened health care liberties, in the halls of Congress — and at the ballot-box.
Dean Clancy is FreedomWorks’ Legislative Counsel and Vice President, Health Care Policy
P.S. Last week, we filed a formal legal brief in this important litigation.
h/t to AJ
Watcher’s Council Nominations – Hail To The Chiefs Edition
JoshuaPundit on Feb 22 2012 | Filed under: Nominations.
Welcome to the Watcher’s Council, a blogging group consisting of some of the most incisive blogs in the ‘sphere, and the longest running group of its kind in existence. Every week, the members nominate two posts each, one written by themselves and one written by someone from outside the group for consideration by the whole Council.Then we vote on the best two posts, with the results appearing on Friday.
It has always saddened me that two of our greatest presidents,one who risked everything to create our beloved Republic and another who gave his all to save it should have to ‘share’ a day to honor them while others who arguably contributed far less have a day all to themselves to honor them because it’s politically expedient. That’s particularly true in my home state, where someone who was essentially a mere labor racketeer is so honored.
And let’s not even mention another president born this month who in living memory saved this nation from decay and defeat by sheer force of his principles, character and personality.
This goes beyond the question of a mere day off.As I’ve often written,usually vis a vis the people who identify themselves as ‘Palestinians’, you can tell a great deal about a people by whom and what they honor and hold up as heroic.
Ah, well! To the business at hand….
Council News:
This week,The Grouch, Capitalist Preservation, The Pagan Temple and Right Truth took advantage of my generous offer of link whorage and earned honorable mention status.
You can, too! Want to see your work appear on the Watcher’s Council homepage in our weekly contest listing? Didn’t get nominated by a Council member? No worries.
Simply head over to Joshuapundit and post the title a link to the piece you want considered along with an e-mail address ( which won’t be published) in the comments section no later than Monday 6PM PST in order to be considered for our honorable mention category, and return the favor by creating a post on your site linking to the Watcher’s Council contest for the week.
It’s a great way of exposing your best work to Watcher’s Council readers and Council members. while grabbing the increased traffic and notoriety. And how good is that, eh?
So, let’s see what we have this week….
Council Submissions
- The Colossus of Rhodey – Just a crazy writer looking for attention
- The Mellow Jihadi – Errrrr-rah Marine, Cobra Blood!
- Joshuapundit-Harvard Endorses Israel’s Destruction
- The Independent Sentinel – Forget the Volt and Buy A 1997 Buick Park Avenue
- The Noisy Room – Who The Hell Do These People Think They Are?
- The Political Commentator – To own a gun or not to own a gun?
- Simply Jews – A few questions for a BDS supporter
- GrEaT sAtAn”S gIrLfRiEnD – The World Great Satan Made
- The Right Planet – No More Mr. Nice Guy
- Rhymes With Right – When It Comes To Civil Liberties And Rights, Poll Results Don’t Matter
- Bookworm Room – The ‘ultrasound = rape’ meme on the Left is part of a larger movement to discredit Republicans with a Big Lie
- VA Right! - Obama Is a Progressive. He Can’t Be a Christian Too!
- The Glittering Eye -Peace Through Cost-Benefit Analysis
- The Razor – The Limits of Labels
Honorable Mentions
- The Grouch – The Grouch Educates Facebook Friends on Payroll Tax Cuts and High Gasoline Prices
- The Pagan Temple – Taste Worth Dying For
- Right Truth – Rick Santorum Is right
- Capitalist Preservation – The real issue of liberty and freedom being attacked under ObamaCare
Non-Council Submissions
- Cato@Liberty – Trying to Do Everything, Doing Nothing Well submitted by The Colossus of Rhodey
- Castra Praetoria –What Did They Expect? submitted by The Mellow Jihadi
- Mark Steyn – Contraception Misdirection submitted by Joshuapundit
- Michelle Malkin – Taxing Medical Practice to Death submitted by The Independent Sentinel
- Sultan Knish –Guns, Butter, Jobs and Birth Control submitted by The Noisy Room
- Stonegate Institute -A New Year of “Dhimmitude” for Egypt’s Copts submitted by The Political Commentator
- The Elder Of Ziyon – “Israeli viruses infecting Egyptian chickens” submitted by Simply Jews
- Pressure Points – Playing Down the Iranian Threat submitted by GrEaT sAtAn”S gIrLfRiEnD
- CNS News – George Washington’s Farewell Address submitted by The Right Planet
- Tim Stanley/The Telegraph – Sean Penn should return his Malibu estate to the Mexicans submitted by Rhymes with Right
- Melanie Phillips-When a seven year-old is branded a bigot submitted by Bookworm Room
- The Mental Recession – Unions Behaving Badly: Registering Inmates to Vote, Spending Dues at Strip Clubs submitted by VA Right!
- Via Meadia – Beyond Blue 5: Jobs, Jobs, Jobs submitted by The Glittering Eye
- American Thinker –Reports of the Tea Party’s Death Are Greatly Exagerrated submitted by The Razor
- Just One Minute – When Is A Tie Not A Tie? submitted by The Watcher
- Tevi Troy/Commentary – ObamaCare at the Supreme Court submitted by The Watcher
Enjoy! And don’t forget to follow us on Facebook and Twitter..’cause we’re cool like that!
Glenn Beck sent out the following Special Message this morning:
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Dear Glenn Beck Reader, Obama will go down as the worst President in U.S. history, having put the country on a path to bankruptcy. (He’s spending far more than we can ever hope to repay.) But he had a lot of help along the way! In fact, Congress’ ineptitude may soon have much greater consequences for Americans… The United States is now vulnerable to a host of unnerving outcomes, including another debt downgrade, which would likely collapse the economy AND the stock market. Congress needs to be saved from, well, itself! If you haven’t visited our brand-new “emergency measures” website, www.SaveCongressFromItself.org, I urge you to do so immediately. It may represent our only lifeline! We’re calling it “The Framers’ Secret Resolution.” It’s available on the website – FOR FREE - as a service to Americans. Be a Patriot Today! As you’ll learn in the report, the Framers intended you to know their SECRET and to TAKE ACTION. So raising public awareness may be our only way to save the country. Just click here to get started now. It won’t cost you a penny. Here’s hoping you do your part before it’s too late, Louis Basenese |
Related:
It’s not ‘President’s Day.’ It’s Washington’s Birthday
Painting of Obama Trampling the Constitution Resurfaces…
PAWsome… President’s Day Pet Adoption Specials – Check in Your Area
Not Even the Nazis and Communists Tried to Control What Their Subjects Ate
The End of America – The Harbinger
Watcher’s Council Nominations – The Gipper’s Edition
Did You Know?… The Founding Fathers and God
Spend some time reading learning about the Founding Fathers, our former presidents and American history. We owe it to them and our children to educate ourselves before it is too late!
Below are some great places to start:
Being George Washington, An American Life, The Real George Washington, Killing Lincoln, Ronald Reagan, George Washington’s Sacred Fire, Killing Kennedy, Ronald Reagan, Glenn Beck’s Common Sense, A Patriot’s History of the United States…, Original Intent, Giants and the videos: John Adams and Yankee Doodle Dandy
