Conservative Judge Overturns Obamacare

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Sigh. Another conservative judge with a vendetta has declared Obamacare unconstitutional. Here’s the reasoning:

  • The individual mandate is an exercise of Congress’s taxing power (you have to pay a tax unless you have insurance).
  • Last year’s tax bill reduced the tax penalty to zero.
  • Therefore the mandate is no longer an exercise of the taxing power.
  • But the Supreme Court has already ruled that the mandate is not justified by the Interstate Commerce clause.
  • So the mandate has no constitutional backing at all.
  • Therefore the individual mandate is unconstitutional.
  • The mandate is not severable from the rest of Obamacare. If it’s unconstitutional, then all of Obamacare is unconstitutional.

According to this logic, Congress can never enact a tax of zero, even temporarily. It can enact a positive tax. It can enact a negative tax. But not a zero tax. This is going to come as quite a shock to the millions of people who pay a rate of zero on capital gains taxes and inheritance taxes.

Anyway, the judge hasn’t issued an injunction, so Obamacare is still the law of the land. If he does, it will get overturned and eventually sent to the Supreme Court. Again. This is not something to panic about yet.

POSTSCRIPT: In the meantime, Saturday is the last day to enroll in Obamacare in most states. If you or anyone you know is insured under Obamacare, make sure to enroll now.

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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