Romney Campaign Press Release - President Obama's Health Care Hypocrisy

"The Supreme Court left President Obama with two choices: the federal individual mandate in Obamacare is either a constitutional tax or an unconstitutional penalty. Governor Romney thinks it is an unconstitutional penalty. What is President Obama's position: is his federal mandate unconstitutional or is it a tax?" —Andrea Saul, Romney Campaign Spokesperson

While Trying To Pass Obamacare, President Obama And His Administration Repeatedly Told Americans That The Federal Individual Mandate Was Not A Tax:

• "[President Obama] Said It Is 'Not True' That A Requirement For Individuals To Get Health Insurance Under A Key Reform Plan Now Being Debated Amounts To A Tax Increase." (Chris Frates And Mike Allen, "Health Bill Says 'Tax' When President Obama Said 'Not,'" Politico, 9/21/09)
• President Obama, On Whether Obamacare Was A Tax Increase: "That's Not True ... Absolutely Not A Tax Increase." STEPHANOPOULOS: "That may be, but it's still a tax increase." OBAMA: "No. That's not true, George. The — for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase." (Chris Good, "Obama In 2009: The Individual Mandate Is Not A Tax," ABC News, 6/28/12)
• Obama White House, In 2009: "What President Obama Is Proposing Is Not A Tax, But A Requirement To Comply With The Law." (Jesse Lee, "Word From The White House: Common Ground On Health Insurance Reform & The Real Health Care Tax," The White House, 9/29/09)

But While Arguing Before The Supreme Court, The Obama Administration Repeatedly Defended Obamacare's Constitutionality Because It Was A Tax:

• The New York Times Headline: "Changing Stance, Administration Now Defends Insurance Mandate As A Tax" (Robert Pear, "Changing Stance, Administration Now Defends Insurance Mandate As A Tax," The New York Times, 7/17/10)
• The Obama Administration Backtracked On Their Claim That Obamacare Was Not A Tax Increase When They Were Forced To Defend The Law In Court. "When Congress required most Americans to obtain health insurance or pay a penalty, Democrats denied that they were creating a new tax. But in court, the Obama administration and its allies now defend the requirement as an exercise of the government's 'power to lay and collect taxes.'" (Robert Pear, "Changing Stance, Administration Now Defends Insurance Mandate As A Tax," The New York Times, 7/17/10)
• The Obama Administration Said The "Tax Argument Is A Linchpin Of Their Legal Case" Defending Obamacare. "Administration officials say the tax argument is a linchpin of their legal case in defense of the health care overhaul and its individual mandate, now being challenged in court by more than 20 states and several private organizations." (Robert Pear, "Changing Stance, Administration Now Defends Insurance Mandate As A Tax," The New York Times, 7/17/10)
• President Obama's Justice Department Argued "That The Fine Is A Tax, Which Congress Can Impose Under Its Constitutional Taxing Authority." "They also argued whether the fine that will be imposed on those who choose to go without insurance is a tax or a penalty. Justice Department lawyers argue that the fine is a tax, which Congress can impose under its constitutional taxing authority." (Rosalind S. Helderman, "Judge To Rule On Va.'s Health Care Lawsuit This Year," The Washington Post, 10/19/10)
• Chief Justice John Roberts' Ruling Agreed With The Obama Administration: Obamacare's Federal Individual Mandate "May Reasonably Be Characterized As A Tax." "The court ruled 5 to 4, with Chief Justice John Roberts siding with the majority, that the mandate is unconstitutional under the Constitution's commerce clause, but it can stay as part of Congress's power under a taxing clause. ... 'The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,' Chief Justice John Roberts wrote in the ruling. 'Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.'" (Matt Negrin and Ariane De Vogue, "Supreme Court Health Care Ruling: The Mandate Can Stay," ABC News, 6/28/12)

After The Supreme Court Agreed With Their Argument, The Obama Administration Has Gone Back To Saying That It Is Not A Tax:

• White House Chief Of Staff Jacob Lew Repeatedly Refused To Concede That The Supreme Court Had Found Obamacare Constitutional As A Tax. STEPHANOPOULOS: "But you do concede — you keep wanting to use the word penalty, you do concede that the law survived only because Justice Roberts found this to be a tax." LEW: "You know I think you look at the decision, which is a very complicated one. There are arguments that support different theories." STEPHANOPOULOS: "But the argument of Chief Justice Roberts is that it's a tax." LEW: "He went through the different powers that Congress has and he found that there is a power, whatever you call it, to assess a penalty like this." STEPHANOPOULOS: "He called it a tax." (ABC's "This Week," 7/1/12)
• White House Press Secretary Jay Carney: "It Is Not A Broad-Based Tax." QUESTION: "And so is it your contention -- I did read not all of the opinion, but most of it. So you guys are still saying it's a penalty, not a tax?" CARNEY: "You can call it what you want. If you read the opinion, it is not a broad-based tax. It affects 1 percent, by CBO estimates, of the population. It is not something that you assess like an income tax." (White House Press Secretary Jay Carney, Press Gaggle, 6/29/12)
• The New York Times Headline: "Obama Aide Rejects 'Tax' Label For Health Care Law" (Annie Lowrey, "Obama Aide Rejects 'Tax' Label For Health Care Law," The New York Times, 7/1/12)