Skip to content

Secretary Sebelius: Individual Mandate is Not a Tax

February 28, 2012

Today, Health and Human Services Secretary Kathleen Sebelius directly contradicted the position of the U.S. Department of Justice (DOJ) case that bears her own name.  Responding to a question from Rep. Tom Reed (NY-29), the Secretary claimed that the individual mandate is “not per se a tax.”  That may come as a huge surprise to the U.S. Department of Justice, which will make the argument next month before the U.S. Supreme Court that the individual mandate is a tax and a valid exercise of Congress’s taxing power.  This is the linchpin of what makes the mandate contained in the Democrats’ health care law constitutional according to DOJ.