On the recordSeptember 24, 2013
It is an excellent question from Senator Lee. The answer is quite simple. If Congress acted to make clear that nothing in the Affordable Care Act created a tax, that would remove the entire basis for the Supreme Court's upholding ObamaCare. Indeed, it would be a relatively simple matter in subsequent litigation for the Court to conclude under the matter it has already concluded that the other bases for upholding the act are not present. When have you elected officials who go to the people, and go to the people as Senator Lee still quite rightly noted and still say it is not a tax, you would think they would happily vote for it, except there is a vested interest. I would note there is a difference between calling this a tax when Congress said and says it is not, and the examples we went through of the Hundred Years War and the purple finch, and that those are relatively innocuous misnomers, where there is something designed to be actively deceptive. Indeed, another one you could add to that litany we went through is you might think if an act were titled ``An act to amend the Internal Revenue Code of 1986, to modify the first-time homebuyer's credit in the case of members of the Armed Forces,'' you might think that is the title of an act that would concern something about the first-time homebuyer's credit, perhaps even members of the Armed Forces. Depending on the content of it, it might even be an act that Senator Lee and I together would support. Yet think again.…





