Thursday, July 05, 2012
Why the HHS Mandate Will Stand
After John Roberts had to violate the Law of Non-Contradiction (ObamaCare is now both a tax and not a tax at the same time and in the same manner), I don't see any particular reason the HHS Mandate would be struck down.
ObamaCare stands because the government CANNOT use the commerce clause, but CAN use its taxing authority. So, ObamaCare is NOT a tax when we vote for it or pay it, but it IS a tax when it is considered as to its constitutionality.
The HHS Mandate can absolutely work the same way.
The Mandate would, in this scenario, just be part of Congressional taxing authority. When a church is using an insurance company, Congress can tax the insurance company. And when the church is acting as its own insurance company, it is, for purposes of the mandate, an insurance company first, not a church.
So, while Congress cannot tax a church, it CAN tax an insurance agency, even if it turns out that the insurance agency is a church (that is, the church is insuring itself). The HHS Mandate would be legal to enforce upon churches because the Congress is taxing an insurance company, not a church.
See how easy that was?
Now that Roberts has demonstrated that he's stark, raving mad, there is no "constitutional" reason to think the HHS Mandate will not stand.