No revenue, no tax: Why Obamacare must fall

Published November 11, 2020 5:00am ET



In 2010, the Democrat-controlled Congress threw out the Constitution and required nearly all Americans to buy health insurance. Despite this so-called Affordable Care Act’s obvious unconstitutionality, the Supreme Court salvaged it in 2012 by characterizing the consequences for failing to buy insurance as a permissible “tax” rather than an impermissible penalty.

In 2017, under Republican leadership, Congress eliminated that tax by reducing it to $0. Because the would-be tax no longer raises any revenue, it cannot be a “tax,” and the mandate remains nothing more than an illegal command to buy insurance.

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