Unlike the individual mandate, the employer mandate exceeds Congress’ enumerated powers because it imposes a heavy burden upon employers. The penalties, which can be up to $15,000 per day per employee, are so punitive that they will not be upheld under the Taxing and Spending Clause. This refusal will result in millions of dollars in fines annually. These excessive fines constitute an impermissible penalty.
Posted on: Fri, 12 Jul 2013 18:23:26 +0000
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