|
The Court Says a Penalty Is Not a Tax and Is a Taxby Michael S. Rozeff, LRC BlogJun. 28, 2012 |
Popular 
IDF Soldier Takes Sledgehammer to Jesus Statue During Operations in Lebanon
Mark Levin and Jonathan Pollard Push for Nuking Iran
Reuters: Trump Approved Iran Strikes After Speaking With Netanyahu
Trump Says U.S. Sent 'A Lot of Guns' to Iranian 'Protesters'
Trump Fires Catholic Activist Carrie Prejean Boller From Religious Liberty Commission
 Michael Eversden pointed this out to me, so I read that portion of the decision, and it's true: The Supreme Court says that the fine is not a tax for one purpose (getting the case to be considered despite the Anti-Injunction Act) and is a tax for another purpose (the Constitution). The relevant portion of a paragraph reads: "The Affordable Care Act describes the payment as a 'penalty,' not a 'tax.' That label cannot control whether the payment is a tax for purposes of the Constitution, but it does determine the application of the Anti-Injunction Act. The Anti-Injunction Act therefore does not bar this suit." Unbelievable! 
|
