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2016 Postmortem

Rosanna Lopez

(308 posts)

13. Did SCOTUS really say it was a Tax?

Reply to DCBob (Reply #1)

Sun Jul 1, 2012, 12:35 PM

Jul 2012

But is it correct to say that the SCOTUS declared it a tax? From what I can tell, Justice Roberts was the only one who upheld it as being valid as a tax. The other 4 Justices in the majority upheld it under the Commerce Clause.

And did Roberts actually use the words "this is a tax", or did he say it could be valid as a tax?

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Mitch McConnell: GOP Only Needs 51 Votes to Overturn Mandate [View all] MindMover Jul 2012 OP

Not sure about that.. SCOTUS declared it a tax but the law itself does not. DCBob Jul 2012 #1

Did SCOTUS really say it was a Tax? Rosanna Lopez Jul 2012 #13

Here's my understanding. Igel Jul 2012 #16

Well then, when the Republicans try to kill it with reconciliation... Kablooie Jul 2012 #17

Yeah, well good luck with that TlalocW Jul 2012 #2

obviously it only matters if republicans hit the trifecta unblock Jul 2012 #9

What about if the Demorcats filibustered ? Mr. Sparkle Jul 2012 #3

If its a tax then they can use "budget reconciliation" which only requires simple majority. DCBob Jul 2012 #5

What about if it is a penalty / fine. Can that be as easily removed as well? Mr. Sparkle Jul 2012 #10

I think only if its a tax can they use the budget reconcilation route. DCBob Jul 2012 #11

if it is a fine penalty littlewolf Jul 2012 #12

reconciliation is a way to bypass the 60-vote cloture requirement. unblock Jul 2012 #6

but the tax doesn't fund the insurance industry, so he can't repeal the regulations unblock Jul 2012 #4

Keep feeding the fringe BeyondGeography Jul 2012 #7

naturally, when republicans were on the other side of the coin,...: unblock Jul 2012 #8

No, they also need the Presidency. Arkana Jul 2012 #14

How many votes are required to expel McChinless from the Senate? - n/t coalition_unwilling Jul 2012 #15

51% if someone is running against him... nt littlewolf Jul 2012 #18

Yeah, but I was actually hoping the Senate itself might do the honors. (One coalition_unwilling Jul 2012 #20

Okay, why in the hell are Ins. companies letting them do this? sofa king Jul 2012 #19

Only if they have the whitehouse too quaker bill Jul 2012 #21

As long as Obama's president, they can't override his veto. backscatter712 Jul 2012 #22

Mitch McConnell is an evil, subhuman reptile. backscatter712 Jul 2012 #23