Courts likely to uphold tax to pay for Health Care.

excerpts from Wall Street Journal Jan 10,2010
By JESS BRAVIN

WASHINGTON -- As congressional Democrats try to iron out differences in the House and Senate health-care bills, Republicans are attacking the legal premise of the legislation, saying Congress has no power to make people carry health insurance or pay a penalty or tax. However, courts usually defer to lawmakers, and Democrats could smooth the way further by using language in the final version that clearly asserts Congress's power under the Constitution to levy taxes -- which the House bill already does.

Since the New Deal era, the Supreme Court has broadly interpreted congressional authority under the Commerce Clause.

The House version explicitly includes a "tax on individuals without acceptable health-care coverage."

Congress has broad power to tax -- and courts have been highly deferential to the way it is exercised.

"Given the precedent of Medicare, courts are likely to uphold Congress if it imposes an income tax to pay for a government health-care system,".
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