A Florida federal judge ruled that the 20 state supported lawsuit against Obamacare could proceed and seemed to mock the administration stance on the mandate as a tax.

By Michael Whipple, Editor 10-15-2010

When all the backroom deal cutting and arm twisting was going on to pass Obamacare, the administration was adamant in its claim that the forced mandate to buy insurance or face a penalty was not a tax. Now their legal defense is arguing just the opposite so that they can justify the authority of the government in the case.

Judge Vinson seemed to mock the administration claim of the mandate being a tax now after it was so ardently defended in congress as a penalty and not a tax. He even called it an ‘Alice in Wonderland’ tack:

“Congress should not be permitted to secure and cast politically difficult votes on controversial legislation by deliberately calling something one thing, after which the defenders of that legislation take an “Alice-in-Wonderland” tack* and argue in court that Congress really meant something else entirely, thereby circumventing the safeguard that exists to keep their broad power in check. If Congress intended for the penalty to be a tax, it should go back and make that intent clear (for example, by calling it a tax, relying on Congress’s Constitutional taxing power, allowing it to be collected and enforced as a tax, or identifying revenue to be raised) so it can be “scrutinized” as a tax and Congress can accordingly be held accountable. They cannot, however, use a different linguistic with a perhaps secret understanding between themselves that the word, in fact, means something else entirely.

* Lewis, Carroll, Through the Looking-Glass, Chapter 6 (Heritage 1969):
“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “it means just what I choose it to mean —
neither more or less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “

Read the entire ruling here:

Mccollum Ruling

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