In the history of mankind, many republics have risen, have flourished for a less or greater time, and then have fallen because their citizens lost the power of governing themselves and thereby of governing their state. TR

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White House Disagrees With Supreme Court Decision

White House Press Secretary Jay Carney today asserted that the consequences under Obamacare for not having insurance are a penalty and not a tax, disagreeing with the reasoning by the Supreme Court, which upheld Obamacare under the assumption that it is a tax.

Carney made the assertion during briefing conducted today aboard Air Force One. Though he did not say so explicitly, his contention suggests that the White House effectively disagrees with the reasoning of the Supreme Court decision.

Carney explained that the result was a penalty because people have a choice about whether to get insurance, while people don’t have a choice to pay taxes. He said:

It’s a penalty because you have a choice.  You don’t have a choice to pay your taxes, right?  You have a choice to buy — if you can afford health insurance.

Carney sugested Republicans who call it a tax are “not telling the truth,” even though they would be merely agreeing with the opinion of the Court.

President Obama sold Obamacare as a law that did not raise taxes, repeatedly describing the fee that would be assessed if people do not carry health insurance as a penalty rather than a tax.

110 thoughts on “White House Disagrees With Supreme Court Decision”

  1. This WH had better just OWN the largest Middle Class Tax Increase in American History. If they are going to try and call it something else, it is UNCONSTITUTIONAL, and we will take it back to court. It is not a Penalty or a Fee. It is a TAX! Get over it.

    It it walks like a duck, quacks like a duck and smells like a duck, it’s a DUCK!

  2. The SC said yesterday that ACA was only constitutional if it was a tax. Today the WH decides it will be applied in a way that is unconstitutional.

    Boy am I glad all them con law types in the WH was edjumacated at Harvard. Otherwise, they might think that they are just citizens of this republic, same as you or me, and that laws actually apply to them too.

  3. Since all taxes have to originate in the House of Representatives and this one originated in the Superior Court, is it Constitutional?

    Or, if it originated in the Senate, in the dead of night, behind closed doors, is it Constitutional?

    Oh well, Mitt Romney is going to REPEAL AND REPLACE anyway, so no big deal.

    Come on, November!

  4. The mandate fee is a tax or a penalty depending on who is talking. The strange aspect is that a tax is paid to the government, not the insurance company. This being true, who will pay for all the new enrollees with pre-existing conditions ? Nobody, that’s who. It is a farce.

  5. I know it’s off topic, but since you mentioned AF1 and Carney speaking to the press, just some numbers to ponder for the weekend.

    For June Obama attended 33 fundraiser, and a total of 104 (if my counting is correct) so far this year.

    As for the costs of AF1, well that starts to get even more staggering. For the Presidents trips for June, the cost is: MTD total = 19,785 miles traveled in AF1. Cost for June, 2012 = (19,785/550 avg. air speed of AF1) * $181,757 p/hr for AF1 = $6,538,295

    The year to date is: YTD miles: 65,830 domestic 35,110 international = 100,940 miles
    YTD cost of AF1: (100,940 miles/550 mph) * $181,757 p/hr for AF1 = $33,357,367 (approx.)

    This is just the approx. cost for AF1 ONLY, and does not include any support aircraft, vehicles, or other travel expenses.

    1. Thank you for doing this Shofar. I keep a copy of each one of your posts to show my friends and family still besotted with this imposter. King Kardashian’s self-indulgent behavior is starting to crack that shiny veneer of his.

  6. We (Americans) can’t beat these dudes – they have the power to control everything. I believe we are done – put a fork in us.

    I never thought I would see the American liberties and freedoms thrown down the toilet without some sort of fight.

    Those in the “know” must have plenty of bribes to make sure they don’t fall into the “flushed group”. We commoners are the “flushed group”. The politicians, Hollywood elite, and the super rich much have a secret decoder ring the working class didn’t get in their cracker-jacks.

    This makes me very pissed. I am so feed up with the government, and their neglect to care if we are employed.

    I am losing my house soon, my husband is unemployed, my college-degree-ed son is unemployed, Texas PUC announces they will increase electricity charges by 50% in August – it makes me so angry. No one lines my pockets. All these politicians have screwed us. Food, gas, utilities continue to eat up all our funds.

    I haven’t had any “fun” in way too many years, and don’t expect to ever have any – until I die – maybe heaven or hell will be fun.

    I am one mad conservative. Fuck Obama! I am one crazy, mad, at my ends conservative. Everything is a loss in my life. I am sick.

  7. The supporters of obamacare get self righteous and indignant about paying for anyone else’ s healthcare and avow that a “fine” must be paid if people do not have insurance. At the exact same time, they call for more welfare and more assistance to freeloaders and illegal aliens. They put an additional burden on those who pay taxes to give “free” stuff to those who do not, will not, and refuse to work or earn their way. It is typical, hypocritical, mindnumbingly stupid (thank you, Trey Gowdy) moronic thinking.

    1. Fact is, it couldn’t be worse if someone planned your life and country to fail, could it?
      FACT 2: SOMEONE DID, AND THEY WROTE, EVEN PUBLISHED EXACTLY HOW THEY WOULD DO IT.

      But you, (probably) and many others, call people who have been telling the truth about this plan are called, “conspiracy theorists”.

      1. Not in the group to which you tried to assign me.. Researched both candidates before the election and did not vote for this administration. Did not rely on media or anyone else’ s opinion. Fought for my country proudly, shed blood for my country. Am not willing to put power in the hands of anyone based on anyone else ‘s say so.

  8. In addition to the ObamaCare mandate/penalty/tax let’s not forget the other taxes included in the Affordable Care Tax Act. http://blog.heritage.org/2012/04/18/top-10-most-expensive-obamacare-taxes-and-fees/ (a dated listing). Every tax should be preceded by ObamaCare as in ObamaCareTax on Medical Care Devices, or the ObamaCareTax of 3.8% of earned investment income. Perhaps if repeated enough and phrased accordingly by the WH Press Pool, Jay might be persuaded….The Emperor has no clothes and the tax is not a tax. I was kidding about the press, of course.

  9. I’m sorry, I’m laughing so hard right now. They thought they had a victory, but I think it’s finally sinking in that, “Oh, wait, no we don’t. Holy cow, the jig is up because they know it’s gonna be a tax!”

    Polish pig droppings all you want to. At the end of the day, it’s still pig droppings. You’re victory has now taken you one step closer to the cliff of one-term-doom.

    1. Funny you should say that because I have been wondering: is it possible that Roberts WAS doing us a favor in insisting that it is a tax? If it had simply been overturned then Obama would simply get the folks to roll up sleeves and get to work getting this passed once and for all – a rally cry that might have been quite effective in securing a second term (needed to get it done). This way he has to admit that this will require a lot of taxes to implement and it is out there, passed, ready to implement – say the word, Mr. President and the taxes will be levied. Does he win now? Just curious…thoughts anyone?

      1. Here is one man’s interpretation of the Supreme Court decision on Obamacare.

        I initially thought we had cause for despondency when I only
        heard the results of the decision and not the reason or the make-up of the sides. I have now read a large portion of the decision and I believe that it was precisely the result that Scalia, Alito, Thomas, Roberts and even Kennedy wanted and not a defeat for conservatism or the rule of law. I believe the conservatives on the court have run circles around the liberals and demonstrated that the libs are patently unqualified to be on the Supreme Court. Let me explain.

        First let me assure you that John Roberts is a conservative
        and he is not dumb, mentally unstable, diabolical, a turncoat, a Souter or even just trying to be too nice. He is a genius along with the members of the Court in the dissent. The more of the decision I read the more remarkable it became. It is not obvious and it requires a passable understanding of Constitutional law but if it is explained anyone can see the beauty of it.

        The decision was going to be a 5-4 decision no matter what,
        so the allegation that the decision was a partisan political decision was
        going to be made by the losing side and their supporters. If the bill was struck down completely with Roberts on the other side there would have been a national and media backlash against conservatives and probably strong motivation for Obama supporters to come out and vote in November. With today’s decision that dynamic is reversed and there is a groundswell of support for Romney and Republicans, even for people who were formerly
        lukewarm toward Romney before today, additionally Romney raised more than 3 million dollars today.

        Next, merely striking the law without the support of
        Democrats and libs would have left the fight over the commerce clause and the “necessary and proper “ clause and the federal government’s role in general festering and heading the wrong way as it has since 1942. As a result of the decision the libs are saying great things about Roberts; how wise, fair and reasonable he is. They would never have said that without this decision even after the Arizona immigration decision on Monday. In the future when Roberts rules conservatively it will be harder for the left and the media to complain about the Robert’s Court’s fairness. That’s why he as
        Chief Justice went to the other side for this decision not Scalia, Alito,
        Thomas or Kennedy, all of whom I believe would have been willing to do it.

        Next let’s look at the decision itself. Thankfully Roberts got to write it as Chief Justice and it is a masterpiece. (As I write this the libs don’t even know what has happened they just think Roberts is great and that they won and we are all going to have free, unlimited healthcare services and we are all going to live happily ever after.) He first emphatically states that Obamacare is unconstitutional under the Commerce Clause saying you cannot make people buy stuff. Then he emphatically states that it is unconstitutional under the “necessary and proper” clause which only applies to “enumerated powers” in the US Constitution. Justices Ginsberg, Breyer, Sotomayor and Kagan all went along with these statements. They never would have gone along with that sentiment if that was the basis
        for striking the law in total. This is huge because this means that the
        Court ruled 9-0 that Obamacare was unconstitutional under the Commerce clause which was Obama’s whole defense of the bill. They also ruled 9-0 on the “necessary and proper” clause. Even better both of these rulings were unnecessary to the decision so it is gravy that we got the libs to concede this and it will make it easier to pare away at both theories in the future, which we must do. Well done.

        Roberts, through very tortured reasoning, goes on to find
        that the taxing law provides the Constitutionality for the law. Virtually
        everyone agrees that the Federal government has the power to do this as it does with the mortgage deduction for federal income taxes. This too is huge because Obama assiduously avoided using the term “tax” and now he has to admit this law is a tax and it is on everyone even the poor. That will hurt him hugely in the polls and will help Romney. More importantly though is the fact that this makes this a budgetary issue that can be voted on in the Senate by a mere majority instead of 60 votes needed to stop a filibuster. That means that if the Republicans can gain a majority in the Senate, it can vote to repeal Obamacare in total.

        Finally the Court voted 7-2 to strike down the punitive
        rules that take away money from states that do not expand Medicare as required in Obamacare. This too is huge because we got Kagan and Breyer to join this decision and it can easily be applied to many other cases of extortion the Federal government uses to force states to do things they don’t want to. This is also amazing because Obamacare has no severability clause so by striking the Medicaid mandate portion as unconstitutional the whole bill should have been struck. If that happened none of these other benefits would have been accomplished. I haven’t read far enough to know how he did it but I am sure it is brilliant.

        So to recap the Roberts court through a brilliant tactical
        maneuver has: strengthened the limitations of the commerce clause and the necessary and proper clause by a unanimous decision, made Obama raise taxes on the poor and middle classes, converted Obamacare into a tax program repealable with 51 votes in the Senate, enhanced Romney’s and Republican’s fundraising and likelihood of being elected in November, weakened federal
        extortion and got the left to love Roberts and sing his praises all without anyone even noticing. Even Obama is now espousing the rule of law just 2 weeks after violating it with his deportation executive order.

        That is why I have decided this was a genius decision and that I did in fact get a great birthday present today not to mention U. S. Attorney General Eric Holder being held in contempt. What a day.

        1. Cooper, Brilliant!! I feel so much more energized!

          After my initial shock and dismay, I had a hard think and I began to entertain the idea that perhaps there was a coded message in the Supreme Court ruling: EVERYONE now knows the TRUTH, the base is energized, and the president is on the defense continually from now until the election.

          Excellent analysis…

        2. Sorry fellow patriots, but I disagree with your description of Roberts’ brilliance. He was actually laughing with an audience of fellow elitists on the day after this decision…joking about taking off to a fortress in Malta. He’s mocking and poking at We The People and I’m supposed to kneel at his feet and fan him for his brilliance? Not this lady.

          His last two rulings have shown him to be a statist of the highest degree. His Arizona ruling was a brutal assault on the 10th Amendment, and his decision on Obamacare Tax was a brutal assault on individual sovereignty. He didn’t protect the commerce clause. All he managed to do was give Congress a whole new taxing authority. This “Obamacare Tax” is not among one of the Constitution’s enumerated taxing authorities. For the first time in the history of this country Congress has the authority to tax inactivity. Just tell me how brilliant he is when you are forced to buy a Government Motors car or pay a tax. Constitutional attorney, Mark Levin, had the best analysis of Roberts betrayal.
          http://tinyurl.com/7l84koa

          1. Yes, Susan, I suppose you are right. I so wanted to believe that this is all a great conservative scheme as I just can’t wrap my head around it otherwise.

            Cooper’s post echoed my hope.

        3. This piece is the analysis of a conservative lawyer in Lexington, SC. Just passing along, thought it made a lot of sense and certainly improved my outlook.

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  11. So Obama chastised George Steph. and said it wasn’t a tax… Then he instructed HIS lawyer to argue to the SCOTUS that it was a tax and they upheld the law because it IS a tax… And now the WH says it’s NOT a tax!?!?

    Will they just make up their minds so I can vote for 4 more years of the Obama obfuscation!

    Breaking news… NOW(!) Obama remembered that Colorado was burning.

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  13. I actually know someone who lives his life like the Obama Administration. Pushes one thing under one basis and then when it does not work goes another direction. Then when it isn’t accepted, goes another direction. Will keep doing it until everyone is exhausted and a lot of time gives into him.

    With Obama . . . not a tax when it was getting resistance at the time it was before Congress as a tax . . . then during SCOTUS arguments, it was a tax . . . now when the GOP is going to use the “it’s a huge tax increase”, it isn’t a tax.

    Obama is tiring. You absolutely do not have any idea where he is going because he tries to pander to EVERYONE! He is supposed to be leading . . . instead he jumps all over the place.

    I want a true leader. I am tired of him. I am tired of him campaigning all of the time. He has been campaigning since January 2009.

  14. Sorry boys and girls, you can’t have it both ways. SC has now ruled it a tax. Live by the sword and you die by the sword. Now Obama and many of the dem liars are gonna pay for their con game in November. Enjoy your cushy little life while you can, A-holes. You can put lipstick on this PIG all you want liars, it’s still a PIG. Enjoy the fun as Obama and his minions scuttle back and forth like the bottom feeding crabs they are trying to avoid the tax label. GHW Bush got tarred for it and so will you.

  15. And yet the White House argued in court that it was a tax. So if they wish to go back to the Supremes andsist that it isn’t a tax, then the Supremes will rule it unconstitutional. What Congress voted on was that it wasn’t a tax. That’s what Pelosi, Reid and Obama sold it as. I think we need a new vote in Congress for OCare as a tax. The Supremes were clear Congress has the right to tax, but not impose fines.

  16. The White House doesn’t get to define what the Constitution says. The Supreme Court does that. They said it’s a tax. If it’s not a tax, then it unconstitutional at face value.

  17. Obam and Carney should take another look at their talking points. Obama stated flatly numrous times that CrummyCare “penalties are not a tax!! “Carney says they are not a tax because they are a “choice”!!! Ye gods! What is the choice,boys? Do it or get “hosed”!!!! Pay me now, or pay me later,but by Jove…you will pay me! Isn’t that an ultimatum? Or more to the point “A deal you can’t refuse”..A Chicago Choice, for sure.

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  19. Congress has the power to TAX. It DOESN’T have the power to force individuals to purchase ANYTHING. So if Congress passes as law saying you must purchase something or pay, the only “pay” they can stipulate is a TAX. Putting spots on a dog and calling him a cheetah doesn’t make it one. Just because Obama, his public spokesperson, his Democratic Congressional cronies, and his lawyers before the Supreme Court called it a ‘penalty’ instead of a ‘tax’ doesn’t make it so. IF Robert’s logic IS flawed, then then entire law should have been thrown out, because ALL of the Justices agreed (Roberts writing for the majority and Kennedy writing for the minority) that Congress didn’t have the authority under the Commerce Clause to impose the purchase of any service or product on American citizens.

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