The Tax Implications Of The Roberts’ Decision Are Just Starting To Sink In

By George Pieler – The Supreme Court’s Commerce Power jurisprudence, previously the critical source of most federal regulation of nationwide import, appears now to subsumed under the taxing power; and worse, that the taxing power is viewed by the supreme law of the land as having no clear limits, or even a defined class of limitations. A tax is what the Court says is a tax, and a tax may be used for any conceivable regulatory end: not buying health insurance, not buying broccoli, not installing energy-efficient windows (Mr. Roberts’ own example), failing to patronize public television (not that far-fetched an example, really). more>


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