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 Originally Posted by wufwugy
Wow Obamacare might be truly going away in entirety. The repeal of the individual mandate in the tax bill has led 20 states challenging the constitutionality of the law. Why could this work? Because it was upheld in SCOTUS based on the individual mandate.
Big if true.
That's not how I remember it. Obamacare itself wasn't upheld by SCOTUS. Having the government create online exchanges and subsidies for health insurance is absolutely constitutional. That's not why it was challenged. It was the individual mandate, specifically, that was challenged in SCOTUS. Had the court knocked it down, the rest of Obamacare could have gone forward. It would have just been insolvent.
The complaint regarding Obamacare was that it was a scheme of taxation and wealth redistribution. Even democrats agreed that would be wrong. So they confirmation biased themselves into supporting the plan under the insane premise that "it's not a tax, it's just the government requiring you to pay money". That was challenged by republicans as being totally bat-shit crazy. And in defense, the liberals cited "the commerce clause" of the constitution, which was also, a little bit bat-shit crazy.
So republicans challenged that in court. They claimed that the commerce clause does not allow congress to force people to purchase something they don't want. The supreme court agreed that citing the commerce clause was totally bat-shit crazy.
But then....
Then the court said, "Yeah, but congress can levy taxes, and that's what this is"
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