Appeals Court Ruling Backs Individual Mandate

The U.S. Court of Appeals for the Fourth Circuit just rejected two constitutional challenges to PPACA and for the first time by an appeals court ruled that the individual mandate is a tax, not a penalty. This would be a major blow to efforts to kill the tax if it stands: courts are not allowed to rule on a tax until it is actually implemented. Up to now all courts have agreed that the individual mandate in PPACA is a penalty, not a tax. (Interpro Publications)

The decision creates a situation where the US Supreme Court will be required to rule on PPACA. The court decisions so far have been somewhat political. This court had appointees from the Clinton Administration whereas other courts had conservative judges thus creating a show down in the Supreme Court which will rule sometime in the summer of 2012. My prediction is that the law will be tossed due to the individual mandate. (Ric Joyner)