The time bomb in Obamacare? Roberts and the 4 progressive justices declared ACA’s noncompliance penalty to be a tax, an act which one scholar says prevents Congress from increasing them and thus dooms the entire scheme. “Because the penalties are constitutionally [emphasis in orig.] limited by the reasoning whereby Roberts declared them taxes, he may have saved the ACA’s constitutionality by sacrificing its feasibility.” Stupidity giveth and stupidity taketh away.
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