Understanding how the Supreme Court arrived at their decision to Call the Individual Insurance Mandate both a Penalty and a Tax | ObamaCare, Affordable Care Act

Understanding the Supreme Courť's Ruling on the Individual Insurance Mandate Is the Individual Insurance Mandate Constitutional? STEP ONE: Are We Allowed to Make a Ruling? TAX According to the Anti-Injunction Act, the Supreme Court is barred from making a ruling until 2015 (the first year taxpayers would have begun paying the tax and could thus sue for refund). PENALTY The Anti-Injunction Act does not apply because the Individual Insurance Mandate is a penalty and not a tax.-The Supreme Court can rule on the issue. STEP TWO: Is the Individual Insurance Mandate Constitutional? AX Congress can enforce the Individual Insurance PENALTY Commanding the public to buy insurance or face a penalty directly violates the public's Constitutional rights.-The Individual Insurance Mandate is mandate under their Constitutional right to tax the public. NOT Constitutional. The Individual Insurance Mandate is Constitutional PWME |Private Wealth ADVISORY GROUP, LLC | Management PWM-NJ.com Understanding the Supreme Courť's Ruling on the Individual Insurance Mandate Is the Individual Insurance Mandate Constitutional? STEP ONE: Are We Allowed to Make a Ruling? TAX According to the Anti-Injunction Act, the Supreme Court is barred from making a ruling until 2015 (the first year taxpayers would have begun paying the tax and could thus sue for refund). PENALTY The Anti-Injunction Act does not apply because the Individual Insurance Mandate is a penalty and not a tax.-The Supreme Court can rule on the issue. STEP TWO: Is the Individual Insurance Mandate Constitutional? AX Congress can enforce the Individual Insurance PENALTY Commanding the public to buy insurance or face a penalty directly violates the public's Constitutional rights.-The Individual Insurance Mandate is mandate under their Constitutional right to tax the public. NOT Constitutional. The Individual Insurance Mandate is Constitutional PWME |Private Wealth ADVISORY GROUP, LLC | Management PWM-NJ.com Understanding the Supreme Courť's Ruling on the Individual Insurance Mandate Is the Individual Insurance Mandate Constitutional? STEP ONE: Are We Allowed to Make a Ruling? TAX According to the Anti-Injunction Act, the Supreme Court is barred from making a ruling until 2015 (the first year taxpayers would have begun paying the tax and could thus sue for refund). PENALTY The Anti-Injunction Act does not apply because the Individual Insurance Mandate is a penalty and not a tax.-The Supreme Court can rule on the issue. STEP TWO: Is the Individual Insurance Mandate Constitutional? AX Congress can enforce the Individual Insurance PENALTY Commanding the public to buy insurance or face a penalty directly violates the public's Constitutional rights.-The Individual Insurance Mandate is mandate under their Constitutional right to tax the public. NOT Constitutional. The Individual Insurance Mandate is Constitutional PWME |Private Wealth ADVISORY GROUP, LLC | Management PWM-NJ.com Understanding the Supreme Courť's Ruling on the Individual Insurance Mandate Is the Individual Insurance Mandate Constitutional? STEP ONE: Are We Allowed to Make a Ruling? TAX According to the Anti-Injunction Act, the Supreme Court is barred from making a ruling until 2015 (the first year taxpayers would have begun paying the tax and could thus sue for refund). PENALTY The Anti-Injunction Act does not apply because the Individual Insurance Mandate is a penalty and not a tax.-The Supreme Court can rule on the issue. STEP TWO: Is the Individual Insurance Mandate Constitutional? AX Congress can enforce the Individual Insurance PENALTY Commanding the public to buy insurance or face a penalty directly violates the public's Constitutional rights.-The Individual Insurance Mandate is mandate under their Constitutional right to tax the public. NOT Constitutional. The Individual Insurance Mandate is Constitutional PWME |Private Wealth ADVISORY GROUP, LLC | Management PWM-NJ.com