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Administration Now Says Individual Mandate Is a “Tax”

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Posted on July 18 2010 12:15 pm
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by Jonathan H. Adler

During the debate over health care reform, the Obama Administration steadfastly denied that a statutory penalty for failing to purchase a government-approved health insurance policy would constitute a “tax.” The President himself categorically rejected the argument that the mandate is a tax in an ABC interview. Now, however, the Administration is relying upon the federal taxing power to defend the constitutionality of the health care law. As the NYT reports:

Administration officials say the tax argument is a linchpin of their legal case in defense of the health care overhaul and its individual mandate, now being challenged in court by more than 20 states and several private organizations. . . .

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