Law in Contemporary Society

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AffordableCareAct 6 - 24 Jan 2012 - Main.KhurramDara
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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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 -- HarryKhanna - 24 Jan 2012
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3. Courts Have Ruled the Mandate a Penalty

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Courts Have Ruled the Mandate a Penalty

 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


Revision 6r6 - 24 Jan 2012 - 23:07:42 - KhurramDara
Revision 5r5 - 24 Jan 2012 - 23:05:41 - KippMueller
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