I came across this old post I wrote on November 15, 2009, before the ACA was even introduced in the Senate, about the mandate’s possible constitutional challenge as directed tax that was not apportioned.
Of course, Pelosi and Reid can simply re-characterize the penalty so it is clearly not a direct tax, and escape the apportionment requirement. But if they fail to do so, totally possible in light of the rapid pace they rahm through this legislation, this could set up a potential facial, or as applied challenge, if enacted.
LOL. Yeah, that’s about right. And if you want a super-flashback, you can see this post on my original blog, JoshBlogs.wordpress.csm.