Law in Contemporary Society

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AffordableCareAct 3 - 24 Jan 2012 - Main.KippMueller
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 The government wants the individual mandate to be a tax, not a penalty, for two reasons.

1. Additional Congressional Authority Under Art. I, Sec. 8

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 Judge Vinson, of the Northern District of Florida, rejected the governments argument that the mandate is a "tax," holding that it is a "penalty." The 11th Circuit affirmed his ruling in this regard, and refer repeatedly in their opinion to the mandate as a "penalty." The 11th Circuit did not agree with Judge Vinson's assessment that the mandate was not severable, and believe the potential unconstitutionality of the mandate would not render the entire act unconstitutional. (See Judge Vinson's Opinion: http://www.realclearpolitics.com/docs/2011/Vinson_HCRuling_0131.pdf and the 11th Circuit's Opinion: http://www.uscourts.gov/uscourts/courts/ca11/201111021.pdf)

-- KhurramDara - 24 Jan 2012

Added:
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>		Seems to me that courts are just using semantics to push political agendas. It reminds me of what Eben discussed today regarding the courts making decisions in the name of "logic" without having to point to what really is leading them to their conclusions. That is all.

-- KippMueller - 24 Jan 2012


Revision 3r3 - 24 Jan 2012 - 21:54:59 - KippMueller
Revision 2r2 - 24 Jan 2012 - 21:31:55 - KhurramDara
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