A few months ago I wrote about U.S. Supreme Court Justice Samuel A. Alito’s take on the Obama administration’s arguments for the Medicaid expansion—a provision of the President’s Patient Protection and Affordable Care Act (Obamacare). Justice Alito offered U.S. Solicitor General Donald B. Verrilli Jr., the hypothetical example of a “federal education tax,” saying:...
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Calling the individual mandate a “tax” within the power of Congress is unsettling. Roberts noted this himself in his opinion: If it is troubling to interpret the Commerce Clause as authorizing Congress to regulate those who abstain from commerce, perhaps it should be similarly troubling to permit Congress to impose a tax for not...
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