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But here’s where the trouble starts

The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress’s authority to pass social welfare laws. Using the tax code — especially in the current political environment — to promote social welfare is going to be a very chancy proposition.

So, yes, it’s a victory today, but Obama really passed a massive tax. A tax that is going to help millions of people, yes, but it will be framed as a tax throughout the campaign season. The real life implications for millions of Americans is honestly astounding. It can be life-changing. But all we’re going to hear from the RNC is that this was a massive new tax. Plain and simple.