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I remember the justification for Obama Care was by calling it a 'type of tax'. Which actually was the reason to negate the rights argument at the time, they wer
by FrustratedMonky 9mo ago
I remember the justification for Obama Care was by calling it a 'type of tax'. Which actually was the reason to negate the rights argument at the time, they were using to cancel it. The government is allowed to create 'taxes', and since it was a 'type of tax', it is allowed.
- duxup 9mo agoI think the opposition wanted to toss the entire ACA system calling it a tax. However, SCOTUS took a more piecemeal approach than the opposition wished and removed the bit they felt was a tax and left the ACA unaffected generally.
- titzer 9mo agoSCOTUS has been reasoning backward from their blatant partisanship for a couple decades now. It used to have a bit of randomness with some justices defecting with "reasoned arguments", but that's basically over now.
- lotsofpulp 9mo agoWhat part of ACA did SCOTUS remove? In this ruling, it was only the Medicaid expansion that was struck down. https://en.wikipedia.org/wiki/National_Federation_of_Independent_Business_v._Sebelius https://en.wikipedia.org/wiki/National_Federation_of_Indepen... The 2017 TCJA removed the individual mandate. Presumably, that is what FrustratedMonky and kccqzy are referring to. Obviously, the ACA made it so all health insurance premiums have a large "tax" component, due to the extremely narrow underwriting criteria health insurers are allowed to use. The individual mandate had previously applied a tax to all taxpayers, but after TCJA 2017, the tax is only paid by people with health insurance. https://www.healthcare.gov/how-plans-set-your-premiums/ https://www.healthcare.gov/how-plans-set-your-premiums/ https://www.irs.gov/affordable-care-act/individuals-and-families/questions-and-answers-on-the-individual-shared-responsibility-provision https://www.irs.gov/affordable-care-act/individuals-and-fami... >Enacted in December 2017, the Tax Cuts and Jobs Act (TCJA) reduced the shared responsibility payment to zero for tax year 2019 and all subsequent years.
- FrustratedMonky 9mo agoI don't think the opposition was using 'its a tax' as argument to cancel ACA, since the SC Ruling that saved ACA was made by saying congress is allowed to created taxes, and this was a 'type of tax'. If calling it a tax saved it, that would then not be a good argument to get rid of it.
- kccqzy 9mo agoThat’s just the justification for the individual responsibility penalty. SCOTUS justified the penalty by saying it is a tax on inaction.
- vlovich123 9mo agoSpecifically Congress. The President doesn’t have the right to create taxes which is one key difference here. The argument is whether Congress abdicated their power here and whether that’s something they can do in the first place.
- 0xbadcafebee 9mo ago> The argument is whether Congress abdicated their power here and whether that’s something they can do in the first place. It would seem that as elected representatives of the people (we are literally their boss), they can't do that without asking us first. The whole point of them existing is to give us power and limit the executive's power, not the opposite.
- ellisv 9mo agoIt's called the nondelegation doctrine, which forbids one branch of government from authorizing another branch of government to exercise its functions. Because Article One vests "all legislative powers" to Congress, they cannot delegate legislative powers to the Executive and Judicial branches (because then not all legislative powers would be vested with Congress).
- NetMageSCW 9mo agoHow does that not prohibit delegation of Federal regulations to the Executive Branch?
- FrustratedMonky 9mo agoSorry. Yes. This is the crux of it. Congress can create taxes. ACA was created by Congress not the president in isolation. Tariff issue is because president is making taxes unilaterally.