LogFAQs > #1271515

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Topic~Supreme Court Healthcare Ruling Discussion Topic Part 2~
red sox 777
06/29/12 7:42:00 AM
#95:


It looks like because it's now a tax, the bill can be repealed with only a majority in the Senate, instead of 60 votes. And reading the opinion, the Court does give some limits on what can be considered a tax vs. what can be considered a penalty. Namely, something like a 90% marginal income tax rate on fat people would probably be construed as a penalty under this opinion.

So I guess, overall- not bad. The important thing is that the doctrine of virtually unlimited power under the Commerce Clause has been stopped again.

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