Individual Mandate A Tax Or A Penalty

By: Brian Darling (Diary)  |  July 4th at 07:00 PM  | 

For conservatives, the debate over whether the individual mandate in ObamaCare is called a tax or a penalty has become a litmus test for the Romney campaign’s conservative credentials.  It should not. Eric Fehrnstrom, Spokesman for Mitt Romney, said on MSNBC earlier this week that Romney “believes that what we put in place in Massachusetts was a penalty, and he disagrees with the court’s ruling that | Read More »

Senator Mike Lee on ObamaCare and the Commerce Clause

By: Brian Darling (Diary)  |  February 3rd at 05:00 PM  | 

Yesterday, the Senate Judiciary Committee held a hearing on the constitutionality of ObamaCare.  Senator Mike Lee (R-UT) questioned Walter Dellinger, former Clinton Solicitor General for the 1996-97 term and law professor at Duke, about his views on the individual mandate provision in the law.   The questioning of Professor Dellinger on the constitutionality of the individual mandate was a preview of the debate that we shall see before | Read More »