3 ms·
From what I can tell with a quick reading, it is not. The opinion states that the fee is a tax and not a penalty and based on that ruling then further rules tha
by dpark 4mo ago
From what I can tell with a quick reading, it is not. The opinion states that the fee is a tax and not a penalty and based on that ruling then further rules that the tax oversteps Congress’s delegated authority.
The whole penalty thing seems weird because obviously it’s not a penalty, so I don’t know if the president’s lawyers argued a dumb point and lost or if I’m missing some legal nuance here.
Regardless, the opinion is based on the ruling that the fee amounts to a tax, not that fees must be justified.
- TimorousBestie 4mo agoPage 18 and ff. 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... > I don’t know if the president’s lawyers argued a dumb point and lost They argued several dumb points, you’ll have to narrow it down.
- dpark 4mo agoI don’t understand what you’re getting at. Page 18 is the tax vs penalty discussion I referred to. > They argued several dumb points, you’ll have to narrow it down. Arguing that the fee is a “penalty” in this case seems pointlessly dumb. Seems like they should have argued the fee a “fee”.