That is certainly a novel way to spin what happened, but while I’m not a lawyer, I’m not sure I’m buying it. Since the central question in the case was whether the mandate was a tax or not, it seems that if Kennedy or any other Justice voted for it being a tax, then it was considered a tax. I don’t think that this is under the sole purview of the Chief Justice. I must have missed “the very few powers of the Chief Justice” part of the constitution. Please enlighten us further. Thanks.