” But Roberts’ decision limits Congress’ latitude by holding that the small size of the penalty is part of the reason it is, for constitutional purposes, a tax. It is not a “financial punishment” because it is not so steep that it effectively prohibits the choice of paying it. And, Roberts noted, “by statute, it can never be more.” As Lambert says, the penalty for refusing to purchase insurance counts as a tax only if it remains so small as to be largely ineffective.
Unable to increase penalties substantially, Congress, in the context of “guaranteed issue” and “community rating,” has only one way to induce healthy people to purchase insurance. This is by the hugely expensive process of increasing premium subsidies enough to make negligible the difference between the cost of insurance to purchasers and the penalty for not purchasing. Republicans will ferociously resist exacerbating the nation’s financial crisis in order to rescue the ACA. “
- Well, we did have to pass it, to find out what was in it.. (wherearemykeys.typepad.com)
- George Will – The Time Bomb in Obamacare! (mypoliticalmusings.wordpress.com)
- Supreme Court ruling may have put Obamacare on path to extinction (utsandiego.com)
- George Will: Because penalties for not buying insurance are limited, Obamacare may be on the path to ultimate extinction (aei-ideas.org)
- Roberts and the rickety health care act (newsobserver.com)
- Sundays with Mr. Will: Countdown to Obamacare’s Destruction (pjmedia.com)