This matter isn't about Democrats, it's about John Boehner who has refused to hold an up or down standalone vote on ObamaCare the tax. All taxes must be approved by the House.
10/31/13, "Dems may have to admit Obamacare tax increase: Column," USA Today,
"The individual insurance mandate can't be a requirement to buy insurance because that unprecedented demand was declared unconstitutional by the Supreme Court.
Instead, the court identified the mandate as a tax on millions of Americans. If that's true, it must be forthrightly identified as such and scored by the Congressional Budget Office....
When defending the law before the Supreme Court, the administration...insisted that the law did not compel people to purchase insurance. Solicitor General Donald Verrilli emphatically denied that there was an "entirely stand-alone" requirement to buy insurance. It was this concession by the administration that Chief Justice John Roberts used to save the law. Under Roberts' saving interpretation of the ACA, no one is required to purchase health insurance, so there is no mandate. There is only a tax on people who don't buy insurance. And, the Court said, that tax must be low enough to preserve the "choice" or option to not buy insurance. No one can be punished for being uninsured.
So if there is no longer any "individual mandate," then the Democrats are proposing to delay the tax that John Roberts wrote into the law, but which was never enacted by Congress. When the Affordable Care Act was written, Democrats deliberately labeled it a "penalty." Had the law been called a tax, the president could never have mustered the votes to pass it. As Senate Minority Leader Mitch McConnell noted, the tax-free ACA "was one of the Democrats' top selling points — because they knew it would have never passed if they said it was (a tax increase)."...
Any suspension of this tax must be scored by the Congressional Budget Office so the public knows the size of the tax increase that will be imposed on the American people when the delay ends and the tax kicks in....
(To) insist that the penalty is not a tax...will be admitting that it is unconstitutional under the Supreme Court's decision. If Congress contradicts what the administration told the Supreme Court, a new challenge can be brought under the precedent of NFIB v. Sebelius."...
"Randy Barnett is the Carmack Waterhouse Professor of Legal Theory at Georgetown University Law Center and co-author of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. Josh Blackman is a law professor at the South Texas College of Law and author of Unprecedented: The Constitutional Challenge to Obamacare." via Instapundit
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Comment: This article is really about one person, John Boehner. All taxes must be approved by the House. The Supreme Court doesn't originate taxes, just decides their legality. GOP House Speaker Boehner has refused to hold a standalone vote in the House to approve ObamaCare the tax. This matter isn't a game of tag between two political parties. It's a life and death matter affecting the United States as a country. Then there are millions of people and billions of their tax dollars already misappropriated. John Boehner is the reason this article had to be written. ObamaCare is currently illegal. Not stated in the article is Boehner should resign or be impeached for failing his most basic constitutional duty. Boehner didn't want to have that vote so he simply declared ObamaCare is "the law of the land:"
Two days after Obama’s re-election John Boehner enthused that ObamaCare was “the law of the land” due to Obama’s re-election. ObamaCare isn’t the law of the land, isn’t legal to this day. Among other things, Mr. Boehner failed to hold a vote in the House up or down on ObamaCare as a tax.
- 11/8/12, “John Boehner: ‘Obamacare is the law of the land’,” Politico, David Nather
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