http://www.scotusblog.com/2012/06/th...plain-english/As for the Supreme Court ruling with all due respect you have mischaracterized Judge Roberts discussion ... and it's not just a matter of semantics. It's a "philosophy" of the SCOTUS that has grown since the Court first started deciding cases.
the supreme court in a series of rulings on it. I should say convoluted rulings that undermined each other.
they said the individual mandate is constitutional because it is a tax. Congress had authority to create one.
in another part of the ruling, the court said the individual mandate was unconstitutional as congress didn't have the power to force people to buy a product under the commerce clause.
the 2 rulings are in conflict with each other.
I think this is where Donald can issue an executive order not to enforce the individual mandate or order the health dept to rescind the rule or both. Originally Posted by dilbert firestorm
If a law is "Constitutional" under one "characterization" it is not in conflict with the "characterization" of that law that is unConstitutional. Roberts merely characterized the mandate as a "tax," which was within Constitutional Powers of Congress to pass.
As for Trump's action one of the early EO's he signed (if not the first one) was for the IRS NOT to enforce the mandates when looking at returns.
Edit: It was the 1st EO he signed: No. 13765 January 20, 2017.
https://upload.wikimedia.org/wikiped...rder_13765.pdf
.. and it wasn't directed at just the IRS ... all Executive Branch.
"Sec. 2. To the maximum extent permitted by law, the Secretary of Health and Human Services (Secretary) and the heads of all other executive departments and agencies (agencies) with authorities and responsibilities under the Act shall exercise all authority and discretion available to them to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State or a cost, fee, tax, penalty, or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of healthcare services, purchasers of health insurance, or makers of medical devices, products, or medications."
Originally Posted by bambino
