Last year, the United States Supreme Court ruled that the Patient Protection and Affordable Care Act, commonly referred to as Obamacare, was upheld to be constitutional as a tax. Though it’s been three years since Obamacare has been the law of the land, problems have arisen (we all knew they would), and costs have skyrocketed from their projections (we knew that too). As a result, some parts of Obamacare will be delayed by one year. However, it looks as if the Supreme Court may just get a second hearing on the unpopular, and in many of our opinions unconstitutional law.
How’s that? Well, when constructing the sweeping legislation, apparently lawmakers, specifically Democrats, made an error by allowing states to decide whether or not they would set up their own insurance exchange, which they would control. If a state chose not to set up an exchange, then the federal government would establish one. States establishing an insurance exchange under Obamacare would tax employers who did not provide insurance under the employer mandate. The money would be returned to employees to purchase insurance through the state’s insurance exchange.
The problem comes because more than two dozen states have chosen not to establish state insurance exchanges.
Barack Obama and the Democrats didn’t place a tax in the bill for states that opted out of the state insurance exchanges. Therefore, they cannot be taxed. So much for setting up federal exchanges in the states.