Townhall
Justin Haskins
May 14, 2018
In one of its most controversial decisions, the Supreme Court in 2012 upheld the constitutionality of a provision in the Affordable Care Act (ACA) mandating individuals purchase qualifying health insurance or else pay a fine, with Chief Justice John Roberts casting the deciding vote in favor of the law. However, nearly six years later, a provision included in the Tax Cuts and Jobs Act, passed mostly along party lines in December 2017, may soon force Roberts to reevaluate his decision, potentially ending the health care law without a single vote being cast in Congress.
In Roberts’ majority opinion, which saved the ACA from what appeared to be its certain death, he reasoned the federal government has the authority to impose an individual health care mandate because, despite language in the ACA calling the mandate a penalty, it’s effectively a tax and Congress has the constitutional authority to impose taxes. (Currently, those who fail to purchase a “qualifying†health insurance plan are subject to a penalty of $695 per adult, up to a family maximum of $2,085, or 2.5 percent of income, whichever is greater.)
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https://townhall.com/columnists/justinhaskins/2018/05/14/thanks-to-republican-tax-cuts-obamacare-is-no-longer-constitutional-n2480392