The 9th Circuit Court has stayed the implementation of the travel ban executive order using the logic that it unconstitutional based on utterances by candidate Trump vice the language of the order.
If this same logic had been used the individual mandate of Obamacare would have been ruled unconstitutional based on President Obama’s claim that it was not a tax.
The controlling opinion, written by Chief Justice John Roberts, upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress’ commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in the outcome.
But President Obama, in an interview with ABC News George Stephanopoulos denies that the individual mandate is not a tax.
This position was reiterated by an Obama spokesman after the Supreme Court ruling.
A top surrogate for President Obama insisted Friday that the individual mandate in the Affordable Care Act was not a tax — despite the fact that the Supreme Court narrowly preserved the law on those grounds.
“Don’t believe the hype that the other side is selling,” Massachusetts Gov. Deval Patrick told reporters on a conference call.
“This is a penalty,” Patrick said. “It’s about dealing with the freeloaders.”