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Obamacare:The decision that should not have been made. Supreme Court violates Federal Law.

The supreme court proved it is a political court again with today’s decision.  No majority was reached on the commerce clause issue. Therefore no decision should have been made.

The court debated this. In the instance of a tax, you can not go to court about the tax until you pay it. This is Federal Law, upheld by the court previously. Since the tax does not go into effect until 2014 there is no case to be brought. Yet the Supreme Court,with no legal basis decided the penalty for not obeying the insurance mandate was a tax and was within the tax authority of the US Congress.

The correct decision was above, you have no case until you pay the tax. But the court wanted to make and publish a decision and did.

It did not really decide the commerce clause issue either. There were 4 votes saying the commerce clause can not be used to force us to buy insurance, and 4 votes saying it can be used to this effect.

The court ruled in advance that the penalty was a tax and was Constitutional. But since nobody actually paid the tax Federal Law prohibits the court from deciding the case. So in effect the Supreme court violated the law and as usual got away with it.

Okay they were being nice, they were trying to clear up the issue and limit litigation. They did the right thing. They just violated the law.

The political implications are huge. Obama sold this as not being a tax. Legally, the court says it is a tax and then they overstepped and said it a constitutional tax. That last part should have waited for a case brought in 2014.

Romney now has a HUGE tax increase to run against.  Obama, a president who actually cut taxes and the size of government has a huge problem. But at least the court did not take away our health care.

 

 

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