From looking over the first day, it seems like the probability of a thumbs down has gone down a bit from what I thought before.
What I heard about it not being a tax was reported accurately. The trouble in striking down the law is in who will be harmed by it.
For example, who is not purchasing insurance now? The poor seems the likely answer to this question. Most likely the poor don't buy insurance because it is too expensive. But the poor won't have to pay a penalty if the cost of insurance is greater than 8% of their income. So, the poor will not be claimable as ones who can be hurt by this legislation.
Note, however, it is the poor who are the majority of those likely to be uninsured, and it is the poor who cause others premiums to rise because they can't afford the actual health care either. Thus, the justification for the mandate is to force free riders to pay their fair share, but these free riders are the poor, who won't be buying the insurance anyway, and won't be penalized for that.
All the more reason to strike down the law, but reason may have nothing to do with this.
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