Presumptive Republican presidential nominee Mitt Romney on Wednesday reversed his campaigns position that mandates to buy health care are a penalty and not a tax, telling CBS News that the majority of the [Supreme Court] has said it is a tax, and therefore it is a tax.
They have spoken, he said. Theres no way around that.
Romneys new position is the exact opposite of what the campaign was saying on Monday. Appearing on MSNBC, senior Romney adviser Eric Fehrnstrom revealed that Romney sold his health mandate to Massachusetts residents as a penalty and not a tax, just like President Barack Obama did.
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Romneys new position appears problematic for the Republican ticket because as Governor of Massachusetts, his signature accomplishment was introducing a health care mandate that empowers the the Massachusetts Department of Revenue to garnish wages and initiate tax liens if people dont pay up. Thats opposed to President Obamas mandate, which does none of that.
The Obama campaign certainly isnt letting that go by without a reminder, either. In an advisory released Wednesday they cite a 2005 interview between Romney and radio host Hugh Hewitt, in which Romney explained that he favored tough enforcement of his tax hike because if somebody shows up at the hospital, and they can afford to pay, and they havent bought insurance, they cant just say, Look, I dont want to pay for this bill. Im going to walk away.
The Obama campaign also directly cites a press release that has since vanished from the Massachusetts Governors website but was preserved by the Internet Archives Wayback Machine, in which Romney claims that Massachusetts is leading the way with health insurance for everyone, without a government takeover and without raising taxes.
Yet, the Massachusetts law clearly says that the state shall have all enforcement and collection procedures available under chapter 62C to collect any penalties assessed under this section. Those procedures, as described by chapter 62C, include seizing violators property and directly taking their wages. It becomes even more complicated for Romney due to his continued insistence that President Obamas health reforms amount to a government takeover of the health care industry but somehow, when Romney did it that wasnt the case.
To be clear, President Obamas health mandate does not empower the IRS to come after citizens, and instead leaves the agency to figure out how much is owed and crib the penalty from violators annual tax returns and Social Security payments. This has led to an expansion of the agencys manpower I.E. created new jobs which Republicans have been fuming over since the law was passed. The IRS is also specifically blocked from charging taxpayers interest on penalties accumulated.
Putting it another way, IRS Commissioner Douglas Shulman explained to Congress in 2010 that all they can really do is send people a letter letting them know that theyre in violation.
Romneys latest turnabout is also problematic for fellow Republicans many of whom have been wrongly claiming that the IRS will soon be applying liens and levies against violators because they would now appear to be criticizing Romneys health plan and not President Obamas.
Sen. Marco Rubio (R-FL), thought to be a leading candidate for Romneys vice presidential pick, recently insisted that President Obama has set up a system in which the IRS will chase you around to extract health care taxes. Guess who you have to prove to that you have insurance? he asked on the Senate floor last week. Your neighborhood, friendly IRS. Millions of Americans now have an IRS problem, because they dont have health insurance.
If Rubio or any other Republicans whove followed this same line of attack ends up being Romneys running-mate, its safe to assume their own words will be used against them in President Obamas campaign advertising.