Re: Surrendering Obamacare - By Mario Loyola - The Corner - National Review Online: "The crucial thing is that it is also a penalty. That’s where the Obama administration is absolutely correct. And because it is a penalty, its constitutionality cannot be sustained under the taxing power. And because the mandate itself could not be sustained under the Commerce Clause, it follows inescapably, from the administration’s own hilarious attempt to escape the “tax” label, that the penalty is unconstitutional.
Every time the administration says this is a penalty, it is saying that it is unconstitutional. So rather than drowning in semantics, let’s just agree to call it a “tax penalty.” What the administration’s critics should be driving home is that the administration cannot have it both ways: Either the mandate is nothing other than a tax or it is unconstitutional. "
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