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Forward! (But To What?)
July 3, 2012
In a confusing constitutional Rorschach test, Chief Justice Roberts determined that the individual mandate, which the Obama Administration had alternately argued was either a penalty or a tax (depending on the audience before which it was making the case), does indeed have the properties of a penalty to avoid the Anti-Injunction Act and is a tax for purposes of constitutionality.
Despite the Administration insisting again this week that the mandate is not a tax, this ruling means that federal and state bureaucracies can continue to figure out how to establish and implement the massive new entitlement program known ironically as the Affordable Care Act (ACA).
As Jerry Seinfeld’s character said:
Meanwhile, below is a selection of recent reports from the Government Accountability Office about how some of our current programs are doing. As I observed a few weeks ago, the GAO goes out of its way to find gentle language to point out what would otherwise be known as failure and incompetence. The studies often seem to imply that if only federal programs were granted sufficient resources and oversight, they could attain a state of perfection.
If the electorate permits the ACA to continue, I’m sure that it will provide fodder to the GAO for similar reports for years to come.
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