Bench Memos

Now You See a Tax, Now You Don’t

When I wrote in the long post just below that I had not found any Democrats in the Congressional Record calling the individual mandate a tax on the floor of either house, maybe I was relying on the wrong search terms.  John Hinderaker at PowerLine has a very good discussion of the often heavy reliance of the Democrats on the taxing-power rationale, and he concludes, respecting the chief justice’s opinion, that it “seems like a reasonable conclusion under existing authorities.”

Matthew J. Franck is retired from Princeton University, where he was a lecturer in Politics and associate director of the James Madison Program in American Ideals and Institutions. He is also a senior fellow of the Witherspoon Institute, a contributing editor of Public Discourse, and professor emeritus of political science at Radford University.
Exit mobile version