Don't call it Obamacare, call it Obamatax; Supreme Court upholds Obamacare as a tax

by Atty. Emmanuel Samonte Tipon 

“An unlimited power to tax involves, necessarily, a power to destroy.” - Daniel Webster arguing in McCulloch v. Maryland, 17 U.S. 327 (1819) and echoed by Chief Justice Marshall.

For the majority of Americans who are against Obamacare, June 28, 2012, is a day of infamy. For on that day the U.S. Supreme Court by a 5-4 vote with Chief Justice John Roberts casting the deciding vote, upheld the validity of Obamacare not under the power to regulate commerce which the Obama administration forcefully invoked, but under the power to tax which Obamacarians meekly hinted at. But in the same breath, Roberts said that the court could hear the case because the law preventing suits to restrain the collection of taxes does not apply since Congress did not intend the payment to be treated as a “tax”. If you are confused by this legal mumbo jumbo, read “Robert’s Rules of Order”, or should we now call it “Robert’s Rules of Disorder.”

Even CNN and Fox cable news were misled, announcing that Obamacare had been struck down quoting the Robert’s opinion which said that the individual insurance mandate was not a valid exercise of Congress’ power under the commerce clause. That’s because they read only page one of Robert’s circumlocutious 57-page decision. They did not reach page 31 which said “That is not the end of the matter. Because the Commerce Clause does not support the individual mandate [to buy health insurance], it is necessary to turn to the Government’s second argument: that the mandate may be upheld as within Congress’s enumerated power to “lay and collect taxes.” Art. I, § 8, cl. 1. . . . The Government asks us to read the mandate not as ordering individuals to buy insurance, but rather as imposing a tax on those who do not buy that product.”

It’s reminiscent of an Ilocano lawyer’s experience with a beautiful mestiza who was the object of his affection who told him “I don’t like you.” As the lawyer started to leave, putting his vestigial tail between his legs, the mestiza continued “I love you.” The lawyer has since learned to hear the complete sentence before reacting and to read the entire decision before writing a brief attacking it.

“THROW THE BUMS OUT” IF YOU DISAGREE

Roberts was expected to lead a 5-4 majority in striking down Obamacare. Why did he surprisingly turn around? He did not. He obviously does not really like Obama who (1) did not vote for his confirmation, (2) summoned him to the White House to re-do the presidential oath-taking after Roberts flubbed the public oath taking, and (3) criticized the justices on many occasions even in their presence during his State of the Nation address. So Roberts handed Republican candidate Mitt Romney the most lethal weapon in his campaign to throw Obama out of office.

Roberts wrote: “the Court does not express any opinion on the wisdom of the Affordable Care Act [Obamacare]. Under the Constitution, that judgment is reserved to the people” for  “we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”

Romney got the hint. Speaking before a newly designed sign “Repeal and Replace Obamacare,” a cheerful Romney declared:  “What the court did not do on its last day in session, I will do on my first day if elected president of the United States. And that is I will act to repeal Obamacare. Our mission is clear, if we want to get rid of Obamacare, we’re going to have to replace President Obama.”  Romney advocated a “return to a time when the American people will have their own choice in health care." The anti Obamacarians  - and they are legion – will be energized and motivated to vote for anybody but Obama (ABO).

STOCK MARKET FALLS; OBAMACARE A JOB KILLER

The stock market fell sharply after the decision was released, fueling fears that Obamacare will increase the cost of doing business and reducing profits. The stocks of companies particularly in health care, banks, insurance, and large industries fell significantly, reported the Washington Post, an Obama-leaning paper. Obamacare is considered a job killer, says USA Today. Employers will be reluctant to hire because of the additional costs in employee health care benefits.

BIGGEST TAX INCREASE IN HISTORY

The government is expected to gain more than $4 billion in tax revenue as a “penalty” (tax) from those who do not buy Obamacare insurance. Taxpayers must report on their tax returns how much they paid for Obamacare insurance premium. If they did not pay premiums, they must pay a penalty.

“The court’s ruling, that the individual mandate in Obamacare could survive as a tax, means Obamacare is probably the largest tax increase in U.S. history,” according to Ed Krayewski, a commentator.

Illegal aliens who don’t pay premiums or taxes might escape the penalty. Obama will probably give them “amnesty”.

PHYRRIC VICTORY FOR OBAMA

President Obama may have won in the Supreme Court but his reelection chances have been hurt very badly, according to political analysts. Polls after polls have shown that a majority of the American people are against Obamacare. Even a pro-Obama newspaper reported that at least 52% of Americans are against it. USA Today, 06/29/12.  People do not want the government between them and their doctor. They do not want to call an 800 number in Washington (or a call center in India or the Philippines) to schedule an appointment with their doctor. They do not want their medical records to become part of the public records which anybody could look at. They do not want to pay insurance premiums (now it is taxes) on insurance that they do not want or they do not need. They will now mobilize to defeat Obama and repeal Obamacare.

JOKE:  I can go out now and get drunk. I don’t have to worry about cirrhosis of the liver. Obamacare will take care of that, joked Stephen Colbert on Comedy Central.
People can joke about Obamacare, like Filipinos joke about their leaders, to assuage their present and future sufferings.

RECOMMENDATION:  You better learn to like broccoli. The government might force you to buy broccoli because it is good for your health thus reducing health care costs, and if you don’t, you will pay a penalty (which the Supreme Court could uphold as valid under the “taxing” power). Masakit, kuya Roberts.


(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)