Another Constitutional Claim Against the Individual Mandate
Posted at 1:30 p.m. on Dec. 6, 2012
The Supreme Court found the individual mandate in President Obama’s health care reform law constitutional as an exercise of Congress’s tax power. David Rivkin and Lee Casey argue that if the mandate is a tax, it is unconstitutional as well.
“If the mandate is an indirect tax, as the Supreme Court held, then the Constitution’s ‘Uniformity Clause’ (Article I, Section 8, Clause 1) requires the tax to ‘be uniform throughout the United States.’”
“ObamaCare provides that low-income taxpayers…can discharge their mandate-tax obligation by enrolling in the new, expanded Medicaid program… But that program will not now exist in every state because…states can opt out. The actual tax burden will not be geographically uniform as the court’s precedents require.”