Congress ALREADY had the power to tax the middle class however they like so long as it meets the general welfare standard. It’s been that way since the country was founded. Roberts has done nothing new. He did not expand the meaning of the Spending Clause or Congress’ powers under it. There’s no material difference between the ACA that Congress passed and one with every instance of the word “penalty” replaced with “tax.” Had they called it a tax initially, the law would be exactly the same and there would never have been any question of its constitutionality.
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- Ethan Congress ALREADY had the power to tax...