When the Dems passed ObamaCare, they denied that the penalty for not complying with the individual mandate was a tax. They knew that would be politically toxic, so they justified the mandate by invoking Congress’ power to regulate interstate commerce. Here’s the President denying that the penalty is a tax:

However, as the various ObamaCare lawsuits began working their way through the courts, it became clear that the Commerce Clause argument won’t pass muster. So, the Obama DOJ flip-flopped and began claiming the penalty was a tax after all. Until Thursday’s Fourth Circuit ruling no court had fallen for that.

It is the first court decision to endorse the federal government’s argument that the individual mandate is a tax. Up till now, that argument has been consistently rejected by every judge who has ruled on it, including several who concluded that the mandate is constitutional on other grounds.

In other words, the Fourth Circuit has joined Obama’s own Department of Justice in contradicting what he says in the above clip. Obama has often claimed he was a constitutional law professor. If the Fourth Circuit is right, Professor Obama was an incompetent teacher or he’s a liar.

Comments 2

  1. nyp wrote:

    You don’t mention that the Court threw out the Virginia Attorney General’s lawsuit on the grounds that Cuccinelli had committed basic and fatal procedural mistakes.

    Posted 13 Sep 2011 at 12:06 pm
  2. Diogenes wrote:

    You mean a “basic and fatal procedural mistake” like the Fourth Circuit’s factual screw-up on the date of Virginia’s law.

    Those morons held that the Old Dominion had no standing because VHCFA was signed into law on March 24 (after PPACA had become law). Only it wasn’t. The Virginia law was signed by the Governor on March 10.

    In other words the Fourth Circuit took 17 weeks on this decision and couldn’t even get the basic facts right.

    Posted 14 Sep 2011 at 8:21 pm

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