Well, the Cheap Justice of the SCROTUM say dats, fine!

IRS: Healthcare Law Raises Taxes for Some Children…

In the opinion that stirred this week’s controversy, Roberts wrote that it was the duty of the court to avoid rejecting an act of Congress if there is a plausible reason for saving it. “It is well established that if a statute has two possible meanings, one of which violates the Constitution, courts should adopt the meaning that does not do so,” Roberts wrote.

So he rejected the government’s argument that requiring most Americans to purchase health insurance or pay a penalty was justified under the Constitution’s commerce clause, which gives Congress the power to regulate interstate commerce.

But, joined by the court’s four liberals, he said the penalty operated as a tax, and thus was proper under the taxing clause.

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