[dpark]

From what I can tell with a quick reading, it is not. The opinion states that the fee is a tax and not a penalty and based on that ruling then further rules that the tax oversteps Congress’s delegated authority.

The whole penalty thing seems weird because obviously it’s not a penalty, so I don’t know if the president’s lawyers argued a dumb point and lost or if I’m missing some legal nuance here.

Regardless, the opinion is based on the ruling that the fee amounts to a tax, not that fees must be justified.

[TimorousBestie]

Page 18 and ff.

https://storage.courtlistener.com/recap/gov.uscourts.mad.293...

> I don’t know if the president’s lawyers argued a dumb point and lost

They argued several dumb points, you’ll have to narrow it down.

[dpark]

I don’t understand what you’re getting at. Page 18 is the tax vs penalty discussion I referred to.

> They argued several dumb points, you’ll have to narrow it down.

Arguing that the fee is a “penalty” in this case seems pointlessly dumb.

Seems like they should have argued the fee a “fee”.