XDA

Here is the Obamacare supreme court opinion, upholding the individual mandate as a tax not a commerce clause power.

I haven't read it so take this analysis cum grano salis but it seems to me that:

The individual mandate could not have passed constitutional muster as a power of Congress under the Commerce Clause. There may be something in the opinion that talks specifically about that but I'll leave it to faster readers than me.

The Supremes have called bs on both the Democrats in Congress (who never identified the penalty as a tax) and our President who swore up and down that it was not a tax (even lecturing toady Stephanopolous when he dared to differ). It is a tax.

So this overwhelmingly unpopular bill, passed through overwhelmingly unpopular methods with nary a Republican vote, so it is all the Democrat's fault, is still the law of the land, everywhere in the land.

So, Romney gets the brain trust, such as it is, of Conservatives to get a better solution than Obama's statist "solution" and runs against the Obamacare tax saying only a majority in the House and Senate and a Republican president can cure the mess now.

Works for me.

The key lesson, if the opinion is well written, will be that the Democrats won't be able to tax us more by lying that it's not a tax but a Commerce Clause power. Fool me once and all that.

This may be some delusional cold comfort on my part. Stay tuned...

Labels: Obamacare Constitutional; Tax; Political Opportunity