Rep. Price: Roberts Wrong, Individual Mandate Not Constitutional Under Taxing Power

By Sabrina Gladstone | July 12, 2012 | 4:09 PM EDT

( – Representative Tom Price (R-Ga.) said he does not believe, as Chief Justice John Roberts’ majority opinion states in the Supreme Court's ruling on Obamacare, that the individual mandate is constitutional under the taxing power.

On Capitol Hill on Wednesday, asked Rep. Price, “Was Chief Justice Roberts right or wrong that the individual mandate is a tax?”

Rep. Price, chairman of the Republican Policy Committee, said, “Well, I disagreed with the ruling but the Supreme Court has ruled, and clearly the constitutional authority that the Supreme Court said came under the taxing provision for the Congress: it was a tax.” also asked Price, “Was Roberts right, then, in upholding the individual mandate as constitutional under the taxing power?”

“I don’t think so,” he said.

In his majority opinion regarding the Affordable Care Act, Chief Justice Roberts determined that “the Federal Government does have the power to impose a tax on those without health insurance,” and that “the shared responsibility payment [individual mandate] may for constitutional purposes be considered a tax, not a penalty.”

The individual mandate is the fundamental aspect of Obamacare that requires every American to carry a health insurance policy providing a minimum level of coverage or pay a penalty, a “tax.”

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