Justice Scalia Still Speaking Out in Dissent Over PPACA Ruling

It's been more than a month since the Supreme Court upheld the Patient Protection and Affordable Care Act, yet Justice Antonin Scalia, one of the judges who dissented in the 5-4 vote to uphold it, continues to criticize the ruling, according to a Reuters report.

Justice Scalia appeared in a television interview Sunday morning to promote his new book. But during the Fox News interview, he was candidly open about the PPACA, specifically the individual mandate.

"There is no way to regard this penalty as a tax…in order to save the constitutionality, you cannot give the text a meaning it will not bear," Justice Scalia said, according to the report. "You don't interpret a penalty to be a pig. It can't be a pig."

The majority's decision to uphold the controversial individual mandate hinged on referring to the penalty as a tax. The court ruled — regardless of the way it was worded in the PPACA — that the penalty is essentially a tax and thus constitutional under Congress' power to tax.  

More Articles Related to the PPACA:

10 Considerations for Hospitals in the Aftermath of Supreme Court's PPACA Decision
Will the Affordable Care Act End Up in Court Again?
CBO: PPACA Repeal Would Increase Federal Deficit By $109B

© Copyright ASC COMMUNICATIONS 2021. Interested in LINKING to or REPRINTING this content? View our policies by clicking here.


Featured Whitepapers

Featured Webinars