Nearly two years ago, Chief Justice John Roberts deemed the ACA’s individual mandate penalty a “tax” and saved Obama’s signature law.
But did he really save it – or did he doom it?
Many legal experts have disputed the classification of that provision of Obamacare as a “tax” – the ACA itself refers to it as a “penalty”.
Ilya Shapiro, an attorney and senior legal fellow at the Cato Institute, calls the a tax a “‘unicorn tax,’ a creature of no known provenance that will never be seen again.” In a column for Forbes, Shapiro explains that the tax that Justice Roberts “invented” is unconstitutional based on the Origination Clause:
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