Don’t believe what you hear in the establishment media that day one of the Supreme Court hearings on Obamacare was just about “housekeeping” to dispose of arguments over an obscure Civil War-era tax statute. Monday’s arguments attacked the very heart of liberalism and showed how intellectually bankrupt and bereft of integrity the Obama administration truly is.
Monday, the Supreme Court heard arguments on the Anti-Injunction Act (AIA). The AIA was enacted after the Civil War and requires that any lawsuit challenging tax statutes go forward only after the taxes are paid – pay first, and then sue.
You may recall that when Obamacare was being rammed through Congress by then-Speaker Nancy Pelosi, we were told that the penalty for not buying the federally mandated insurance was not a tax.
As soon as outraged citizens and state governments sued to overturn Obamacare, the Obama administration began arguing that the AIA barred the lawsuits challenging the federal healthcare bill, claiming the penalty for not buying the mandated insurance was indeed a tax and thus the lawsuits opposing Obamacare should be dismissed.
Naturally, the states disagreed and said that the AIA should not apply to bar their case.
Now, follow this closely – the Obama administration then changed position to agree with the states that the AIA should not apply to bar this case, and that is the position the Obama administration argued yesterday.
However, today (Tuesday) the Obama administration will be back before the Supreme Court arguing that the Obamacare penalty is in fact a tax.
That’s right, when Obamacare was passed by Congress the penalty was not a tax. But the penalty was a tax when the lawsuits against Obamacare were first filed, but then it wasn’t a tax when the Obama administration decided it didn’t want it to be a tax. Now on Monday the Obama administration said the penalty was not a tax, but on Tuesday they will say that it is a tax.
The comic “who’s on first” aspect of the Obama administration’s inconsistency on whether or not the penalty is a tax, masks the intellectual and political bankruptcy that has colored the Obamacare legislation since its inception.
Not that we would want it, but the Obama administration and its liberal allies in Congress might have been on stronger Constitutional ground to set-up a tax-based system of universal federal health care. However, that would have meant exposing themselves to the political consequences of raising taxes, and that’s not the liberal way.
Instead of being consistent and honest with the American people, yesterday the Obama administration was before the highest court in the land arguing in effect that the plain meaning of words, laws and the Constitution itself should be ignored in pursuit of their political goals. Is there any wonder Americans have lost confidence in their federal government?