2 ms·

Trump's government repealed the individual mandate penalty, and then the court ruled ruled that in it's new form, it no longer qualified as a tax and was uncons

by vkou 4y ago

Trump's government repealed the individual mandate penalty, and then the court ruled ruled that in it's new form, it no longer qualified as a tax and was unconstitutional. (Not that this meant anything, since the legality of a fee of $0 doesn't matter.) The court case as a whole argued that because the GOP changed the ACA in a manner that made part of it (the $0 fee) illegal, the entirety of the ACA should be made illegal. The fifth circuit agreed with some of the arguments in the case (the fee one), but did not practically change anything about the ACA. And then SCOTUS, surprising ~everyone, ruled that actually the whole of the ACA is constitutional. Look at this timeline, and you tell me - who spent years trying to re-introduce the free rider problem, and to break the ACA? Congress, the president, and the plaintiff states... or the fifth circuit, which when presented with a singular, narrow question, ruled that a $0 fee (whatever that is) isn't a tax? Now, as of 2022, we are in a world where the ACA has been thoroughly litigated, and is still here, with the free rider problem hanging like a millstone over its neck.

P5fRxh5kUvp2th 4y ago
calling insurance a tax is about as strong an indication of regulatory capture as I can think of. It should have never been a tax specifically because it's an unconstitutional act. Calling it a tax is the letter vs the spirit of the constitution. If you and others like yourself want to ensure everyone has health insurance then __make it mandatory for the state to pay for it__. Anything else and you're just taxing the poor for being poor.
- dahfizz 4y ago
  I agree with you, but the "tax" is the penalty for not having health insurance. The health insurance itself isn't considered a tax.
- vkou 4y ago
  > it's an unconstitutional act. That is an interesting opinion, but at this point, both a conservative, and then a super-conservative, packed-with-federalist-society SCOTUS has disagreed with you twice on this issue (5-4) and then (7-2). It's about as written-in-stone as you can get in the United States. The courts think this is above-board, the executive thinks this is above-board, most of the public thinks its above-board, it's safe to say its above-board.
  - mbg721 4y ago
    As I recall, the whole "call the penalty a tax" thing was Roberts' tortured justification for allowing it in the 5-4 vote. Nobody ever really believed it was a tax.
  - P5fRxh5kUvp2th 4y ago
    Slavery was also considered above-board at one point, so... lets not use that as justification, shall we? carrying private service X is required for you to exist in the united states. If you don't pay for X, you get fined Y as a punishment. yep, I'm sure the powers-that-be considering that above-board should be the only justification we need!
    - vkou 4y ago
      > Slavery was also considered above-board at one point, so... It was also perfectly constitutional[0], hence the need for that 13th amendment. And that civil war thing. As it turns out, the constitution kind of sucks[0], it has a lot of problems with it. Fewer than it did in the past, but we aren't quite at the end of history just yet. You're going to need a better complaint than 'it's unconstitutional', as this is pretty verifiably constitutional. The people who have been empowered[1] by the founding fathers to determine what is, and what is not constitutional have determined that this is constitutional. It's not a matter of opinion at this point. > carrying private service X is required for you to exist in the united states. And that's nothing new. Government can compel all sorts of things from you. Showing up to contribute your labour to a jury duty. Involuntary servitude in the military. Taxing the land you live on. Following emergency orders. Not heading a communist political movement. Every society - even this society - provides you with privileges, and requires obligations from you. This obligation has been ruled to be well within the legal framework of this society, and if you think it should be outside that legal framework, you should look into passing a constitutional amendment on the subject. Or, you could believe that this obligation is a constitutional, but bad idea, and have the legislature repeal it. Either way, it's currently constitutional. [0] [0] You're confusing 'constitutional' with 'just'. They are not the same thing. [1] Actually, SCOTUS' powers in this sphere are what's unconstitutional[2], but we all close our eyes, and collectively pretend that they are. [2] You're not going to find anything in either the constitution, or passed legislature granting SCOTUS the incredibly broad powers it currently enjoys. These powers were invented out of thin air, and are backed by neither fiat, nor democratic will. All that the constitution says on the subject is 'We should, like, probably have courts. That should do stuff, maybe.'

by vkou 4y ago

P5fRxh5kUvp2th 4y ago

calling insurance a tax is about as strong an indication of regulatory capture as I can think of. It should have never been a tax specifically because it's an unconstitutional act. Calling it a tax is the letter vs the spirit of the constitution. If you and others like yourself want to ensure everyone has health insurance then __make it mandatory for the state to pay for it__. Anything else and you're just taxing the poor for being poor.

dahfizz 4y ago
I agree with you, but the "tax" is the penalty for not having health insurance. The health insurance itself isn't considered a tax.
vkou 4y ago
> it's an unconstitutional act. That is an interesting opinion, but at this point, both a conservative, and then a super-conservative, packed-with-federalist-society SCOTUS has disagreed with you twice on this issue (5-4) and then (7-2). It's about as written-in-stone as you can get in the United States. The courts think this is above-board, the executive thinks this is above-board, most of the public thinks its above-board, it's safe to say its above-board.
- mbg721 4y ago
  As I recall, the whole "call the penalty a tax" thing was Roberts' tortured justification for allowing it in the 5-4 vote. Nobody ever really believed it was a tax.
- P5fRxh5kUvp2th 4y ago
  Slavery was also considered above-board at one point, so... lets not use that as justification, shall we? carrying private service X is required for you to exist in the united states. If you don't pay for X, you get fined Y as a punishment. yep, I'm sure the powers-that-be considering that above-board should be the only justification we need!
  - vkou 4y ago
    > Slavery was also considered above-board at one point, so... It was also perfectly constitutional[0], hence the need for that 13th amendment. And that civil war thing. As it turns out, the constitution kind of sucks[0], it has a lot of problems with it. Fewer than it did in the past, but we aren't quite at the end of history just yet. You're going to need a better complaint than 'it's unconstitutional', as this is pretty verifiably constitutional. The people who have been empowered[1] by the founding fathers to determine what is, and what is not constitutional have determined that this is constitutional. It's not a matter of opinion at this point. > carrying private service X is required for you to exist in the united states. And that's nothing new. Government can compel all sorts of things from you. Showing up to contribute your labour to a jury duty. Involuntary servitude in the military. Taxing the land you live on. Following emergency orders. Not heading a communist political movement. Every society - even this society - provides you with privileges, and requires obligations from you. This obligation has been ruled to be well within the legal framework of this society, and if you think it should be outside that legal framework, you should look into passing a constitutional amendment on the subject. Or, you could believe that this obligation is a constitutional, but bad idea, and have the legislature repeal it. Either way, it's currently constitutional. [0] [0] You're confusing 'constitutional' with 'just'. They are not the same thing. [1] Actually, SCOTUS' powers in this sphere are what's unconstitutional[2], but we all close our eyes, and collectively pretend that they are. [2] You're not going to find anything in either the constitution, or passed legislature granting SCOTUS the incredibly broad powers it currently enjoys. These powers were invented out of thin air, and are backed by neither fiat, nor democratic will. All that the constitution says on the subject is 'We should, like, probably have courts. That should do stuff, maybe.'