Is it a tax or isn't it?--the administration has presented differing views.
In a hearing of the House Budget Committee Rep. Scott Garrett, R-N.J., pressed Zients on whether the penalty that the health care law imposes on individuals who do not purchase health insurance constitutes a tax. Eventually, Zients said it did not.
But this directly contradicts one of the arguments the Obama administration is making before the Supreme Court in defense of the health care law, which is that the mandate is Constitutional because it's a tax and government has taxing power.
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