In his 42-page ruling that the keystone provision in President Obama’s health-care law — the mandate to force Americans to purchase health insurance — is unconstitutional, Judge Henry E. Hudson made several powerful arguments. But there is one to which I want to draw particular attention.
On page 25 of his decision, Judge Hudson writes, “Despite pre-enactment representations to the contrary by the Executive and Legislative branches, the Secretary now argues that the Minimum Essential Coverage Provision is, in essence, a ‘tax penalty.’”
That’s a polite way of saying that the Obama administration willfully misled the public during the health-care debate. In fact, President Obama repeatedly denied that the mandate was a tax — but now, in order to pass constitutional muster, his administration is insisting it is. I urge you to watch the president’s interview with ABC’s George Stephanopoulos to see just how emphatic Obama was. When Stephanopoulos says that the mandate is a tax increase, Obama scolds Stephanopoulos. “That’s not true, George,” the president says. “[It] is absolutely not a tax increase.”
Now the president and his administration are arguing exactly the opposite.
This is a deeply cynical maneuver on the part of the man who promised to put an end to cynical political acts. Like so much of what Obama said, this promise was fraudulent. Perhaps the White House press corps will insist that the president and his spokesman explain the inconsistency between what Obama said and what his administration is now asserting.