With the votes of the four liberal members of the Court — ruled that Obamacare was constitutional precisely because it was not a penalty but was instead a tax. Chief Justice Roberts had in effect saved Obamacare by establishing a trap which might destroy it.
Obamacare was already opposed by 60 percent of the American people according to most polls before the Court ruling. Since advocates of Obamacare must concede their project is a massive tax increase in addition to bad policy, it should become excruciating to sustain politically even though the Court upheld its constitutionality.
“The Government argues that if the commerce power does not support the mandate, we should nonetheless uphold it as an exercise of Congress’s power to tax. According to the Government, even if Congress lacks the power to direct individuals to buy insurance, the only effect of the individual mandate is to raise taxes on those who do not do so, and thus the law may be upheld as a tax. President Obama and his allies have just one recourse left: to lie, to manipulate, and to rewrite history.
Obama argued vociferously that the individual mandate in the bill was not a tax. When in an interview with the president, George Stephanopoulos used the word “tax,” President Obama interrupted him, saying, “No. That’s not true. Once his administration had succeeded in passing the legislation, President Obama promptly sent his Justice Department and his Solicitor General’s to court to defend the law as a legitimate use of the Congress’s authority to tax. Indeed, his administration’s brief for the Supreme Court case contains long passages arguing that the mandate is a tax.
Obamacare contains a massive tax increase, the gap between what the president told Americans when he was trying to sell us the law and what we have today is glaring.
Under repeated questions and even attacks the Obama team comes back with the same dishonest mantra. Every question which cites a Supreme Court reference to a tax is met by an immediate use of the word penalty. According to the Obama team there is no tax in Obamacare. It is a penalty.
Obama administration which knows its biggest achievement would have been declared unconstitutional if it were a penalty but, now that the Court has decided it is a tax, goes back to claiming it is a penalty.
The Democratic consultants know that “penalty” is a much less dangerous word than tax. Therefore they decided on a “big lie” strategy.