He does have a point. This law adds whatever the fine is to everyone's income tax. If you have insurance, you get to take a deduction equal to the fine.
It matters not what the government says the money is for. The Court has already set the precedent on that with their rulings on Social Security. Any tax money belongs to the government and can be spent any way the government desires.
Despite what Obama said about this not being a tax, the reality is the result is an income tax increase that will fall disproportionately on the lower income citizens.
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