Comments by AAPS General Counsel, Andrew Schlafly, Esq.

The Supreme Court upheld ObamaCare without addressing how it violates the Takings Clause of the Fifth Amendment, because the litigants never asserted that important claim. But AAPS has, in our lawsuit that has been on hold pending this decision.

Today’s ruling begs the question of whether government can tax someone for refusing to give property to someone else. The answer must be “no”, in light of the Fifth Amendment prohibition against forcing Peter to give his property directly to Paul. Government cannot tell people to give money to the Democratic Party and impose tax penalties on those who decline.

ObamaCare imposes that kind of redistribution of wealth: compelling citizens to purchase overpriced insurance for the benefit of overpaid executives, who rake in many millions in compensation. Now that the Supreme Court has held that the federal government cannot force citizens to buy insurance, it follows that the government cannot comply with the Fifth Amendment in imposing penalties either.

AAPS’s challenge to ObamaCare will now proceed on our Fifth Amendment claim, ultimately giving the Supreme Court the opportunity to find in the Fifth Amendment a prohibition on the use of the Taxing Power to compel citizens to buy products that they do not want.


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