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re: Obamacare -what's right and what's wrong with it
Posted on 10/13/20 at 10:22 am to ApexTiger
Posted on 10/13/20 at 10:22 am to ApexTiger
quote:
Why did Obamacare have to go to the SCOTUS for final approval?
It wasn't "finally approved" by the SCOTUS. It was challenged as unconstitutional (which it was [and still is]).
Roberts "saved" the law under the taxing power of the Legislative branch under the Constitution (even though the USA insisted it was not a tax). The Court found that it was not valid under the Commerce Clause.
So, by removing the tax, the only basis for the majority's conclusion it was constitutional has been removed. Also, as there is no severability clause in the law, it would all fall.
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