Obamacare’s Fifth Amendment Problem

From:  http://www.nationalreview.com/node/363856/print

The administration is on the verge of imposing tax penalties on millions of Americans for their alleged failure to obtain insurance policies they can’t actually obtain. With the recent leak that less than 50,000 Americans have “enrolled” in the federal exchanges (a number that apparently includes thousands who haven’t actually purchased insurance), it is a sad fact that the majority of Americans who want to purchase insurance — either because they need it or want to escape the tax penalty — cannot purchase it, and there’s currently no assurance that they’ll have a satisfactory opportunity by the time the penalty applies.

At the ACLJ we’ve drafted a complaint that we’ll be ready to file the very instant the enrollment period ends, if the exchanges aren’t fixed with adequate time for citizens to enroll. Imposing tax penalties when the government itself — through its own incompetence – makes compliance impossible is, quite simply, unconstitutional. 


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