And…It’s gone. (Almost.)
(From The Washington Examiner)
In fact, the only basis for the mandate’s constitutionality, according to Roberts, is that it’s a tax — not a fine, penalty, or anything else. This is a vital point, because when Republicans passed their tax reform legislation in December 2017, they included a provision in the law that lowers the individual mandate penalty to $0 beginning in January 2019, effectively eliminating any hope the individual mandate could still be considered a “tax.”…
…It’s also worth noting I’ve spoken to well-informed legal experts, including Ken Cuccinelli, the former attorney general of Virginia, who have said the Trump administration doesn’t need to enforce the ACA once the individual mandate penalty is reduced to $0. President Trump has sworn an oath to defend the Constitution, and this law is now or will soon become in violation of the Constitution, even if one continues to accept the dubious argument the individual mandate’s penalty is really a tax.