LogFAQs > #1271464

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Topic~Supreme Court Healthcare Ruling Discussion Topic Part 2~
AlecTrevelyan006
06/28/12 7:35:00 AM
#44:


From: Mershaaay | #041
The Court holds that the mandate violates the Commerce Clause, but that doesn't matter b/c there are five votes for the mandate to be constitutional under the taxing power.

XD this is a s***show. I'm stepping away from this for a bit.


So basically, as I understand it.

There were two main ways to justify it (as opposed to two ways of striking it down). It could be justified as a tax or as interstate commerce. It was not justified under interstate commerce, but that doesn't make it illegal. Tax provisions do justify it.

Is this correct?

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