The Obama Administration’s legal theory of the day: now it’s not a tax
You’ll remember that supporters of the Individual Mandate at first conceded that it was not a tax…and then changed their minds when some judges showed an interest in it, and ruled that the Mandate is a tax, so that federal courts lack jurisdiction to review its constitutionality. Today, however, Jeffrey Zients, acting director of the Office of Management and Budget, testified before Congress that it’s not a tax. Now, I think this is good news. There are 40 days between today and March 26th, when the Supreme Court considers the question of whether the Mandate is a tax, and whether they have jurisdiction. Assuming the Administration switches its position back and forth each day, I calculate that the Individual Mandate will not be a tax on the day of the oral argument. Phew!
What to read next
Our friends at Institute for Justice have convinced the Supreme Court to soon decide in the case Timbs v. Indiana whether the Constitution restrains states (and not just the federal government) from … ›
This morning the Ninth Circuit released this opinion in Americans for Prosperity Foundation v. Becerra, a case about whether California can demand confidential donor forms from nonprofit organizations operating within … ›