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The ruling was from a judge on the United States District Court for the District of Massachusetts, and was an Obama appointee. The case was brought by 20 Democr
by SilverElfin 4mo ago
The ruling was from a judge on the United States District Court for the District of Massachusetts, and was an Obama appointee. The case was brought by 20 Democratic-controlled states, led by California Attorney General Rob Bonta (D) and Massachusetts Attorney General Andrea Campbell (D).
The judge relied on the Supreme Court’s 2012 decision (https://en.wikipedia.org/wiki/National_Federation_of_Independent_Business_v._Sebelius https://en.wikipedia.org/wiki/National_Federation_of_Indepen...), which said that Obamacare’s individual mandate was a lawful use of Congress’s authority to enact taxes. And this judge rules that the H1B “fee” is a tax and not a penalty or whatever the administration is calling it. It notes that the defendants (the Trump administration) tried to label it as a “regulatory payment” and not a tax. And the ruling says that the administration’s own labels do not matter, and that the substance of what the fee is does matter, and the substance is that it is a tax.
PDF of this new H1B ruling: https://storage.courtlistener.com/recap/gov.uscourts.mad.293201/gov.uscourts.mad.293201.106.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.mad.293...