A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law. The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court. The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website.
In short, according to the letter of the law (and that's why civilized societies have laws, so that we may know what is legal and what is illegal) the individual and employer mandates cannot be enforced within those states that had opted out of the exchange system.
But since this is America, where the law means nothing, the White House will nonetheless instruct IRS goons to kick in the door of any individual or employer who may fail to comply with a law that the law says they are exempted from following.
An arcane yet still fruitful argument is to point out that since Obamacare has been held to be a tax, presumably an indirect tax, that one may arrange his business affairs to reduce his tax exposure.
Filing a tax return creates the legal nexus between the otherwise unencumbered natural person and the income tax and, by extension, Obamacare.
That's how you sink that pig of a big-government initiative.
I have not paid federal income tax for twenty years, nor have I filed a tax return during that time, for precisely that reason. I am not required to do so, and I invite any interested parties to demonstrate that I am.
I will examine a statute with a laser beam until I determine precisely what it permits and what it does not permit. That is the purpose of law, which, again, we do not follow in America.
I have no desire to voluntarily assess myself as meeting the definition of the word of art "taxpayer," which definition you will not find anywhere in the internal revenue code.
When you sign a tax return, under penalty of perjury no less, attesting that you are a taxpayer, you create that legal nexus which is the only means of making liable for the federal income tax a natural person residing within the territorial jurisdiction of one of the several states and whose income does not derive from within the territorial jurisdiction of United States.
The entire internal revenue code is lawyer dog shit language.
And so is Obamacare.
