Wwwelllll, let’s see...
You’re right it didn’t pass Congress as a tax and Obama did argue it wasn’t, HOWEVER, during Supreme Court brief submissions and arguments Obama switched tactics and had his DOJ lackey claim it WAS a tax.
That flew under the radar screen of the reporting.
I recall how LIVID Mark Levin was at Robert’s ruling along with the faithful 4 libs, but after he collected himself he said it WAS presented in regime briefs and I think oral argument at some point. At the time he thought it was such a crock it could never be accepted by the court and was SHOCKED and ANGERED that Robert’s used it as a fig leaf over the worst decision EVER.
As for Congress running this through again this time as a tax so it could be defeated as such - it’s like anything else. The House would do one thing, the Senate another and Obama sides with Reid. The Regime and Reid do whatever they must to continue down this road. That’s all they care about.
Short of a deFUNDING showdown a la Mike Lee’s approach, I don’t see any legislative hope.
On that point, we have the GOP E running amok using the Left’s lingo that we must not “shut down the government” like it was us that would be shutting it down, when truth is it would be Obama/Reid shutting it down in order to continue shoving this monster down our throats.
That is the problem with the Right, they always accept the “lingo” of the left.