The mandate IS a tax…probably

The Supreme Court’s majority ruling that the mandate portion of the Affordable Care Act, aka Obamacare is in fact a tax thus making the healthcare law constitutional despite the President Obama, his administration, and fellow Democrats insisting otherwise.  The buzz around the blogosphere is that of amazement: How could SCOTUS rule it’s a tax if the Democrats who wrote the bill and Obama himself insist it isn’t?!  That’s a good question, which has a very simple answer.

I think after having read the relevant portions of the intentionally long healthcare bill, the majority Justices probably made the correct decision — not the right decision, the correct one.

I am inclined to think it is more plausible that Obama and fellow Democrats know the bill does in fact impose a tax, but insist otherwise for political expediency than it is that the Supreme Court made the incorrect decision.  It’s much more convenient to blame the Supreme Court for misinterpretation than to own up to raising taxes on the majority of the people.

I think they know it’s a tax.  I think it was designed to be a tax.  And since Obamacare has consistently unpopular, Obama has two scapegoats at his disposal.  The president will inevitably blame Mitt Romney claiming that his version of healthcare reform is based on Romney’s Massachusetts model.  “If you don’t like Obamacare, blame Romney, I got the idea from him!”.  By insisting so fervently that the mandate is not a tax, he can make the Supreme Court the center of attention.  “If you don’t like Obamacare, blame the Supreme Court!”.  Whatever the angle he chooses, you can be sure that Obama and the Democrats who passed the Affordable Care Act will distance themselves from it when it becomes politically toxic.

So am I right?  Is it more reasonable to conclude that this administration is not being truthful when it says Obamacare’s mandate is not a tax?  Or the majority decision made by the Supreme Court made the incorrect decision?


  1. I disagree. It is not the correct decision. It is only a matter of semantics. Not a mandate but a tax? What’s the friggin’ difference? We are still going to have to pay for health insurance whether we want it or not.

    Let me be clear. No Government has any right to force anyone to buy anything under penalty of law. Period.

    • Mark

      I agree the govt has no right to tell me what I have to purchase with my own money under penalty for no other reason than I live in America.

      I’m just saying if there’s a misunderstanding or misrepresentation, its more likely to be Democrats lying that it isn’t a tax.

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