Patterico's Pontifications

11/19/2013

(Not So) Breaking News: Obama Told Lawyers to Argue the Opposite of What He Told the Public About ObamaCare

Filed under: General — Patterico @ 6:26 pm



Obama told everyone that if they liked their plan they could keep it — and then sent lawyers into the Supreme Court to argue that most plans would lose their grandfather status by 2013. From a Justice Department brief uncovered by Andrew McCarthy:

The [ACA’s] grandfathering provision’s incremental transition does not undermine the government’s interests in a significant way. [Citing, among other sources, the Federal Register.] Even under the grandfathering provision, it is projected that more group health plans will transition to the requirements under the regulations as time goes on. Defendants have estimated that a majority of group health plans will have lost their grandfather status by the end of 2013.

You already know the punch line, but I’ll say it anyway.

Next thing, you’re gonna tell me that Obama told the country this wasn’t a tax, and then sent lawyers into the Supreme Court to argue that it was a tax.

HEY-O!!!!

102 Responses to “(Not So) Breaking News: Obama Told Lawyers to Argue the Opposite of What He Told the Public About ObamaCare”

  1. I probably could have constructed the punch line to be funnier, but I’m not really in a laughing mood.

    Patterico (9c670f)

  2. i wonder what will happen to the people i care about

    all of them are getting raped in some way by the obamacare

    i feel so helpless

    happyfeet (8ce051)

  3. And the MFM will ignore this.

    JD (5c1832)

  4. Is it possible that one of the other appeals of Obamacare now working through the courts might actually get to the Supreme Court? And would it be possible for Roberts and the liberals to save Obama’s skin by ruling it unconstitutional on other grounds? I am not a lawyer, so I don’t know.

    Ag80 (eb6ffa)

  5. A bit of a bummer to be the leading edge of that transition, where you are one of the few healthy folks being added incrementally to an actuarial pool that contains all of the sick ones.

    It’s kind of like pouring water into acid.

    Kevin M (bf8ad7)

  6. Ag80,

    As applied, the law looks a little arbitrary and capricious as to who gets forced into the exchange pool, where the rates are all much higher.

    But, again, thank you John Roberts, this will forever be part of your story.

    Kevin M (bf8ad7)

  7. President Pinocchio strikes again!

    daleyrocks (bf33e9)

  8. You guys are just picking on Obama because he’s a pathological liar, a screaming Alinskyite, and an incompetent fool.

    Elephant Stone (108847)

  9. John Roberts is a nasty piece of work

    happyfeet (8ce051)

  10. This is a serious question. Is there any elder statesman left in the Democratic Party who loves America, and might step up and stand up to the White House– publicly calling BS on the evil that has been going on there? I’m having trouble coming up with someone like that but maybe somebody else here can?

    elissa (c6530a)

  11. Too bad these blog entries don’t have posting threads that are tied together, since the amount of bad news regarding Obamacare in particular, but this era in US history in general, is tied together in the worst way imaginable.

    Mark (58ea35)

  12. publicly calling BS on the evil that has been going on there

    my money’s on an ever-conniving and supremely self-serving piece of herpetic white trash from arkansas

    happyfeet (8ce051)

  13. This is what “Post-Truth” America looks like.

    Be prepared to fight it, or get used to it…

    Grandpa, tell us what “freedom” was like…

    WarEagle82 (b18ccf)

  14. elissa, the only person I can think of as even a possibility would be Senator Joe Manchin of West Virginia.
    But then again, if you’re still a Democrat after the first four years of ObamaNation, then this sort of stuff probably doesn’t bother you, sadly.

    He’s been whispered as a potential running mate for Hillary, so I doubt he would risk his standing in the party by, uh, standing up for America. Or something.

    Elephant Stone (108847)

  15. Yep, mcCarthy was on w/Megyn Kelly last night and they talked about this, as was noted.

    Colonel Haiku (2cef89)

  16. But hes a good man just trying to do what he thinks is best for the country. By forcing you out of your health insurance and away from your doctor and lieing about it.

    Mr Pink (39c063)

  17. Is there any elder statesman left in the Democratic Party who loves America, and might step up and stand up to the White House– publicly calling BS on the evil that has been going on there?

    Sure. If this gets bad enough, Bill Clinton will well and truly throw Obama under the bus and back over him several times. After all, its 2016 he cares about and he can’t have this crap festering for three more years.

    Kevin M (bf8ad7)

  18. Good point in#10, elissa. If that person existed and took a stand he would be cast and vilified as a leper by most of the Left, but regarded as a courageous, truth-teller by the rest of an America that is suffering under the Facist boot.

    Colonel Haiku (9fea4c)

  19. Mr. Pink!

    happyfeet (8ce051)

  20. Really, Bill and Hillary Clinton, made this possible, they vouched for him, not once but twice,

    narciso (3fec35)

  21. Or he would be Bill Clinton.

    Colonel Haiku (8a31be)

  22. These are truly frightening times, all kidding aside. Non-stop, blatant lies, bottomless incompetence, media collusion, Idiocracy top to bottom… scarier still, it will get worse.

    Colonel Haiku (42710d)

  23. This is a serious question. Is there any elder statesman left in the Democratic Party who loves America, and might step up and stand up to the White House– publicly calling BS on the evil that has been going on there? I’m having trouble coming up with someone like that but maybe somebody else here can?

    He’s a true lefty, but maybe just maybe Ron Wyden might stick his neck out. He showed some spine in working with Paul Ryan to acknowledge the shortcomings in Medicare funding, at a time when the rest of his party only wanted to demagogue this issue and accuse Republicans of trying to dismantle the program. Of course, he did beat something of a retreat in advance of the 2012 elections so as to not embarrass the party.

    If I was a Republican member of Congress I would very privately tell my Democrat colleagues, “Look, continuing down this path will not only hurt your party, it will hurt progressivism in general. From now on when you guys propose a new government initiative, we will just say to the voters, ‘Hey, remember ObamaCare? Do you want another f-ed up government program to fail on you?’ You should join us in voting to repeal this, retreat to a corner and lick your wounds, then reorganize in time to come up with some new ideas for the 2016 Presidential election. Don’t let this be an ongoing albatross around your party’s neck.” Of course, I doubt if the labor/academic/media axis will allow for this retreat; not after investing so much of their own capital into national health care, which is after all the Holy Grail of progressivism.

    JVW (709bc7)

  24. Victor Davis Hanson is a democrat with common sense.

    mg (31009b)

  25. Victor Davis Hanson is hopelessly Californian

    he owns property here

    that’s the consummate definition of someone who’s out of touch with for reals actual reality

    happyfeet (8ce051)

  26. This is a serious question. Is there any elder statesman left in the Democratic Party who loves America, and might step up and stand up to the White House– publicly calling BS on the evil that has been going on there? I’m having trouble coming up with someone like that but maybe somebody else here can?

    These are all fairly obvious, but I suspect that the Red State Senate Democrats facing reelection in 2014 — Begich (AK), Pryor (AR), and Landrieu (LA) — might have to formally break from the Administration. And whoever gets the Democrat Senate nomination in Montana, South Dakota, and West Virginia might be in a bad spot too.

    JVW (709bc7)

  27. Mr. Pink:

    I have addressed this before, meaning you are boring.

    Patterico (42710d)

  28. But if being a dick despite my numerous clear statements on this topic is important to you, go nuts.

    Patterico (42710d)

  29. Having friends that own a vineyard in Sonoma, I disagree mr. feets.

    mg (31009b)

  30. Mr Pink, grow the f**k up.

    SPQR (768505)

  31. What would happen under federal Sarbanes-Oxley rules to a corporate CEO who exhibited the behavior of this President?

    in_awe (7c859a)

  32. Mr. P you don’t have to address it no mores

    what can you say you launched a meme

    it was a mckayla moment and you know what

    all you can do is roll with it

    happyfeet (8ce051)

  33. What would happen under federal Sarbanes-Oxley rules to a corporate CEO who exhibited the behavior of this President?

    The same thing that would happen to you and me if we set up a retirement system funded the same way that Social Security is funded.

    JVW (709bc7)

  34. 25. Victor Davis Hanson is hopelessly Californian

    he owns property here

    that’s the consummate definition of someone who’s out of touch with for reals actual reality

    Comment by happyfeet (8ce051) — 11/19/2013 @ 8:18 pm

    I dunno if he’s out of touch with reality at all, Mr. Feets. He knows we’re on the fast track to not being able to vote with your feet anyway. Obama has three more years to turn the whole country into Kali. The next one will turn the whole country into Detroit.

    Besides, he didn’t buy property in Kali. He inherited his farm as it’s been in his family for generations.

    Steve57 (338553)

  35. Mr. mg I don’t buy california wines whilst food stamp is in office just foreign ones

    same for liquor except for the odd bourbon and a jar of that finally-legal shine here and there

    and templeton rye

    in fact I been indulging in all manner of imports I’d have never countenanced if America hadn’t gone fascist

    I think I tried all the cheese in the whole world in food stamp’s first two years

    happyfeet (8ce051)

  36. he’s still a thousand times more invested in shitfornia than I’ll ever be Mr. 57

    happyfeet (8ce051)

  37. he’s still a thousand times more invested in this wretchedly anti-american state than I’ll ever be Mr. 57

    happyfeet (8ce051)

  38. I had to rephrase that last comment cause the filter won’t let you say “sh!tfornia”

    happyfeet (8ce051)

  39. elissa,team republican has all these scandals to investigate and get convictions, but nothing seems to stick to democrats. A leading democrat has an opportunity to serve his country with truth and dignity.

    mg (31009b)

  40. all you can do is roll with it

    I don’t feel horrible about giving someone the benefit of the doubt before they perform. I will always give someone a chance, even if the safe stance is to slam him for being a Democrat.

    But this guy is way over the top based on his performance in this job, as I have made clear. If people want to press the point for petty and personal reasons, let them. I will not participate in it.

    Patterico (879b60)

  41. mr. feets, only greeks eat that much cheese.

    mg (31009b)

  42. Honestly? I have experienced enough petty personal nonsense on the Internet to last a lifetime. It no longer upsets or enrages me; it mostly just bores me.

    Patterico (879b60)

  43. Three cheers for folks like Stacy McCain who *genuinely* rise above such silliness in support of actual principles.

    Patterico (879b60)

  44. you don’t have to feel horrible

    you pretty obviously hit a nerve though

    and I know why

    cause at the exact moment you didn’t “feel horrible about giving someone the benefit of the doubt before they perform” in office… the public’s understanding of that office… was changing

    and now in 2013 who among us do not understand the oval office to be naught but a profoundly powerful whoremagnet? A redoubt of the shallow, the meghan’s coward daddy, the porky porky chris christie, the hillary vince foster benghazi chelsea-spawner, the weirdo mitt romney and the rick perry, abolisher of n number cabinet offices

    the meme endures and me I think you should celebrate it

    your heart was in the right place and everyone knows that

    but events happened

    happyfeet (8ce051)

  45. But Obama is a good man just trying to do what he thinks is best for our country.
    Comment by Mr Pink (b8414b) — 5/13/2013 @ 6:17 am

    — Same shtick, different month.

    Icy (23896c)

  46. The New York Times called Obama’s insurance lie an “incorrect promise.”

    AZ Bob (ade845)

  47. The meme endures … thanks to the petty and the obsessed.

    Patterico (a04464)

  48. I’m done for the night.

    Patterico (a04464)

  49. Sorta OT: Yellen will goose QE Eternity as we need $1.5 Trillion more Dollars in circulation for 2014.

    If we get to keep the Squeester that will be twice the Federal Deficit, and an increase of 50% in monetization of Federal debt, Domestic Bank, Hedge Fund and Foreign bad securities.

    Meanwhile, Housing, the reason for all those bad securities, is busting lower once again.

    An admission QE is only 2/3 as effective next year as last?

    So how do we get off this runaway train?

    gary gulrud (dd7d4e)

  50. that just sounds surly to my ear Mr. P

    let your heart not be troubled

    the presidency meant something when you said what you said, and I like how that meme helps us remember how it was

    before

    back when you could give a p.o.s. American president the “benefit of the doubt”

    happyfeet (8ce051)

  51. Is there any elder statesman left in the Democratic Party who loves America, and might step up and stand up to the White House– publicly calling BS on the evil that has been going on there?

    @10 Comment by elissa (c6530a) — 11/19/2013 @ 7:13 pm

    No.

    Pons Asinorum (8ce71a)

  52. Is there any elder statesman left in the Democratic Party who loves America, and might step up and stand up to the White House– publicly calling BS on the evil that has been going on there?

    Win the Senate and see what jumps off. The Dems are no more able to handle bad results than Republicans are.

    Kevin M (bf8ad7)

  53. that just sounds surly to my ear Mr. P

    Driving this into the ground five years later sounds surly to my ear. I guess it depends on your perspective.

    Patterico (e807c3)

  54. I think the Dhims are going to find Mrs. Death Warmed Over inadequate to run for POTUS.

    No shiny quotient and the well is running dry.

    gary gulrud (dd7d4e)

  55. But I said I was done. I should stick to what I said.

    Patterico (e807c3)

  56. He couldn’t be Mr.White or something cool like Mr. Black, he had to be teh mincing Mr. Pink.

    Colonel Haiku (399c43)

  57. Colonel,

    The weird thing is, he chose it. It’s not like I’m Joe enforcing the names here…

    Patterico (e807c3)

  58. all i know is you made the speakers go boom boom when you said what you said

    and it kinda defined a wee lil part of the zeitgeist of the time

    (enduringly so)

    hopefulness and well wishes and an appeal to a belief in ideas what were once indivisibly “American” versus omg we just put a soros-sucking whoreboi in our oval office

    not your fault he turned out to be a consummate soros-sucking whoreboi

    happyfeet (8ce051)

  59. Is there any elder statesman left in the Democratic Party

    No. Nor in the Republican Party. It’s asshats and assclowns all the way down. Occasionally one will slip and appear to be a reasonable person, but that’s only a mistake, not their real essence.

    htom (412a17)

  60. It is time to start the revolution, and to terminate some of these phuquers with extreme prejudice.

    askeptic (2bb434)

  61. The chosen hot seat CMS IT gurus say 404Care.gov isn’t but half finished.

    He didn’t mean not working, pen hasn’t been put to paper.

    It has no code in it yet to pay insurers, i.e., no one has actually signed up for private insurance yet.

    That 27K pre-effectuated? Hopium.

    gary gulrud (dd7d4e)

  62. 59. Past time.

    Everywhere I go in public I’m seeing peoples on their last match, near the end of the rope, with that hollow numb look.

    It’s worse than 1980. Grapes of Wrath all over.

    gary gulrud (dd7d4e)

  63. It is time to start the revolution, and to terminate some of these phuquers with extreme prejudice.

    We could do it the nice way. Pick some large mostly empty area in, say, New Mexico. White Sands would do. Empty it out and wall it off completely. Then announce the Land of Free Crack and give anyone who wants it a free ride there. And provide free crack and maybe even free Taco Bell all the livelong day. Price: you can’t leave and you can’t vote. Problem solved.

    Kevin M (bf8ad7)

  64. Alternative plan:

    Set up a guaranteed annual income which provides enough to live cheaply on somewhere demand is low.

    One catch: During such time as you are on this program, you surrender your vote.

    Kevin M (bf8ad7)

  65. Even better: a free market in votes. Everyone gets one vote, but you can rent yours out on an annual basis. Anyone can buy or sell votes on the vote exchange. I hear there are some folks who will sell their vote for a box of condoms. Fine. I got no problem with that.

    Kevin M (bf8ad7)

  66. I am not a lawyer, so I don’t know.

    sorry, but with that sort of attitude, you are unfit to be President, Ag80…a *real* President doesn’t worry about such little things.

    Feets 4 Prezydent-2016

    He can turn our sad little food stamp country around!

    redc1c4 (abd49e)

  67. I think I tried all the cheese in the whole world in food stamp’s first two years

    hey Feets: you ever check out the cheese shop there @ Laurel Canyon & Ventura, across from TJ’s & Dupars?

    we don’t get over that way much, & last time we were there i had a j*b, so it was pre-SCOAMF, but you could load up on cheese & wine in one place with just two stops… 😎

    redc1c4 (abd49e)

  68. “And provide free crack and maybe even free Taco Bell all the livelong day. Price: you can’t leave and you can’t vote. Problem solved.”

    Kevin M – Why would Paulbots want to move or give up their votes?

    daleyrocks (bf33e9)

  69. mr. feets, only greeks eat that much cheese.

    Comment by mg (31009b) — 11/19/2013 @ 8:49 pm

    I could write a whole book, for the benefit of the “free-range-organic” rabbit-food nibblers, about people living on semi-arable mountains coming out of the sea, and looking for ways to have fats and proteins year around, and cheese would be only the beginning.

    I wish the whole world had land like California’s, happyfeet. It’s the people who are the problem. Keep the people there if you could, please, and send us your topsoil.

    nk (dbc370)

  70. As far as Obama goes, my daughter questions my resentment of him every time I show it — often. I answer her. I don’t consider him good enough to tell me what to do, or good enough to do anything that affects my daughter’s future. I think he is good enough to live the ordinary, law-abiding, quiet life of a private citizen, raising his own two little girls, and I wish he’d start doing it as of five years ago. The SCOAMF.

    nk (dbc370)

  71. i don’t resent TFG: i hold him in contempt for being the willfully ignorant, lying, racist SCOAMF that he is.

    redc1c4 (abd49e)

  72. nk, I read that greeks eat more cheese than any other country.

    mg (31009b)

  73. I don’t doubt it, mg. My parents had sheep and goats, along with wheat fields and olive trees. Much of Greece is more suitable for pasture than for plowing. My grandfather had flocks and pasture land, and only a patch of good land for a garden and fruit trees. Cheese, olives and olive oil, bread, dried onions, and legumes, are the year around Greek staples. You can live on those and many people did, with fresh meat, fish, and green produce being seasonal treats and not available to everybody.

    My side of the mountain, where I grazed spring lambs when I was little. http://1.bp.blogspot.com/_BPfMsBhpr6o/SKE_NozDxvI/AAAAAAAAAJk/fVtM2DEU5Vc/s1600/Christening2.jpg

    nk (dbc370)

  74. nk-super photo.
    I watched my grandma and aunts churn butter constantly. That fat would get us through the freezing winters of Minnesota.

    mg (31009b)

  75. re: #55, “Mr. Pink” might be a book reference. A recurring character in Alastair Reynolds’ science fiction is a hyperpig (genetically engineered intelligent pig/human hybrid) named Scorpio who occasionally went by an alias of Mr. Pink, due to circumstances beyond his control.

    The character was a pretty nasty piece of work – eventually somewhat redeemed himself but started out as pretty much a vengeance-crazed psychopathic killer and crimelord.

    Fitting? I don’t know…I’m not frequent enough here to have seen the evolution of the whole meme in question (nor am I asking….just offering a probable non sequitor).

    rtrski (2454bc)

  76. Thanks for posting vdh, narciso.

    mg (31009b)

  77. Well, Catilinus was a doofus that tried to overthrow the Republic in a half-baked plot and some legionary stuck a spear in him for his trouble in a battle hardly worth calling an armed revolt. Caesar was a late bloomer, but when he bloomed he made his name more famous than Rome’s. I would not give Obama even Catiline rank — I’d say he’s the most successful prole on the dole in history.

    nk (dbc370)

  78. Is Rick Santelli a democrat?

    mg (31009b)

  79. “My side of the mountain, where I grazed spring lambs when I was little.”

    So serene…

    Colonel Haiku (879b60)

  80. Land of Enchanted Free Crack, Kevin…

    Colonel Haiku (879b60)

  81. But hes a good man just trying to do what he thinks is best for the country. By forcing you out of your health insurance and away from your doctor and lieing about it.

    I have addressed this before, meaning you are boring.

    I at first went “huh?!” towards your reaction, as I originally thought Mr Pink was a liberal who had posted a comment that was unintentionally sarcastic (and humorous) about Obama. Now, d’oh!, I finally figured out the reference, to a bit of back-and-fro that you and a few other posters had in this forum over 4 years ago.

    BTW, the benefit of the doubt given to Obama by most Americans — and evident in his poll numbers until quite recently, and the way that far too many people have coddled him far more than he deserves, far more than what they ever gave George W Bush — has always been one of the surrealistic qualities of this era in US history.

    Mark (58ea35)

  82. There was ample evidence enough NOT to give him the benefit of the doubt. Ffs he sat in a racist church for 20 years where the words God damn America were greeted with applause. But no, the people pointing that out were wrong and mean, and you were right.

    Just admit you were wrong and I’d move on.

    Mr Pink (a4319b)

  83. No white candidate sitting in the pews of a racist church where conspiracies about how the black government created the freaking AIDs virus or deliberately sold crack to poor white children would have been given any benefit of the doubt, but too many people were cowed in fear of being called racist. We were called racist for pointing out how it was wrong for Obama to have done so. Yet here we are 5 years later still be called racist for criticising anything this guy does. Those of us who pointed at this man and called him what he was from day one should be acknowledged, just like all the people that beforehand said this healthcare bill was based on lies should be. He was never a good man.

    Mr Pink (a4319b)

  84. There was ample evidence enough NOT to give him the benefit of the doubt.

    That’s why it wasn’t all that long ago (certainly as recently as just before November 2008) when if someone had described to me the scenario of the guy now in the White House managing to get himself elected to the presidency — and not just once, but twice — I’d have said that was a plot straight out of a bad movie or TV show. But apparently far too many people throughout the US do enjoy hokey entertainment. Maybe that’s why a lousy show like “Saturday Night Live,” which still gets a buzz from various pundits in the political class, remains on the air.

    Mark (58ea35)

  85. 84. Second.

    74. You’re a long way from home, Pilgrim.

    gary gulrud (dd7d4e)

  86. Just admit you were wrong and I’d move on.

    Mr Pink, I think the only people who deserve that comment aimed at them fully and squarely in most cases do not visit this blog, or certainly don’t manage this blog. The people who need that directed their way are all the Americans who decided the fate of the election, not so much even in November 2008, but in November 2012.

    Mark (58ea35)

  87. Mr Pink, grow the f*** up.

    SPQR (768505)

  88. SPQR are you going to not point out you were right about the healthcare bill when people talk about it?

    Mr Pink (a4319b)

  89. Mr Pink, you are not alone in knowing that this administration would be and has been a disaster for America. Patterico’s multiple in-depth posts on those disasters clearly demonstrate that he sees and is bearing public witness to that, too. What I, and I suspect others who come here for discussion and information don’t grasp is, why you feel that Patterico owes you a personal apology or why you think that trying to take over and change the subject on this thread in any way moves forward the narrative of the Obama administration’s lawlessness. Instead, your taunts and interjections take away from and actually divert energy from the serious subject matter of the thread.

    elissa (c37a48)

  90. “Those of us who pointed at this man and called him what he was from day one should be acknowledged”

    Mr. Pink – I acknowledge that you are a dickhead who never understood the point of Patterico’s original post on this matter. Now back to the chattering Heathers who continue to obsess over it.

    daleyrocks (bf33e9)

  91. Mr. Pink wants Patterico to recant his sacrilege to the Church of Pink. F**k Mr. Pink! Pay someone to f**k Mr. Pink!

    nk (dbc370)

  92. Mr. Pink, this thread isn’t about your obsession with a Patterico post you didn’t understand five years ago.

    Grow the f*** up.

    SPQR (4397ba)

  93. Mr. Pink, you best sashay on outta heyah, you hear?

    Colonel Haiku (1871f4)

  94. The time for settling scores is coming in the Spring.

    I’m gonna get tight with everyone of mg’s boys that I can. The interstates and power grid are the weak underbelly.

    gary gulrud (dd7d4e)

  95. Mr. Pink simply has a problem with using confrontation as a means to persuasion.

    http://www.redstate.com/2013/11/19/special-pleading-dont-dismiss-a-conspiracy-because-it-is-a-conspiracy/

    There are plenty of ‘conservatives’ hereabouts who actually believe Ogabe is well-disposed toward a subset of humankind.

    Get out of your box.

    gary gulrud (dd7d4e)

  96. i acknowledge you Mr. Pink you were right on the money about this food stamp being a singularly pernicious character

    happyfeet (c60db2)

  97. and then sent lawyers into the Supreme Court to argue that most plans would lose their grandfather status by 2013.

    This puzzled me, until I realized that was whenthe end of 2013 was the deadline for group plans. But it has been postponed one year.

    Sammy Finkelman (d22d64)

  98. We’ve finally reached the point where up is down and black is white.

    U feel like I’m in Superman’s Bizarro World.

    rochf (f3fbb0)

  99. But, again, thank you John Roberts, this will forever be part of your story.

    AndJohn Roberts is a nasty piece of workI don’t get the hatred I see towards Roberts. Do you want judges to let the consequences of the outcome affect their rulings?! I thought we were all about judges doing their level best to honestly interpret what the law in question says, and damn the consequences. Roberts made a good argument for why the impost that was challenged should be regarded as a tax; I’m not sure I’m ultimately convinced, but it’s well-reasoned and may very well be correct. Surely Roberts thinks it’s correct, and that’s why he voted as he did. In so doing he also set an extremely valuable precedent, that courts should ignore what Congress says it did, and look only at what it actually did. If the Congress lies, the courts should not be swayed by those lies. Surely that alone is worth celebrating.

    I’m less impressed by his hand-waving away the whole “direct tax” clause as too complicated to deal with. It seems to me that this is a classic direct tax. But he had a good point that if so the carriage tax ought to have been considered a direct tax, and it wasn’t. The only answer I can come up with is that the courts back then were wrong, and they should have required it to be apportioned.

    Milhouse (b95258)

  100. Oops, screwed up the blockquote there. “John Roberts is a nasty piece of work” was meant to be in a second blockquote.

    Milhouse (b95258)

  101. I keep hoping Roberts was ruling it a tax so that someone down the line (once they were ‘harmed’ by the law and had standing to do so) could sue on the grounds of unequal coverage under the law.

    i.e. “all these folks got waivers, I didn’t, and now I have to pay this penalty/tax because I chose not to make a purchase, and they didn’t have to pay a similar penalty/tax for noncompliance”

    Given that the SC pretty much just doesn’t discuss cases at all after their ruling…I could easily imagine him quietly just hoping someone will find the rope he tossed out to them to hang around O-care’s neck and be done with it.

    But then I’m not a lawyer, nor do I play one on TV, and I also tend to give people the benefit of the doubt until they rather obviously screw me with clear intent to harm.

    rtrski (b47753)


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