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Here’s a few things I picked up about it..

In his order the judge cited several government documents that clearly indicated Congress knew the individual mandate was a major, possibly unconstitutional, expansion of federal powers long before the president signed the legislation into law

In passing the health care legislation, the last thing in the world that the House and the Senate supporters wanted to say is that the individual mandate is a TAX. In fact, they all said the opposite - that it was not a tax but a penalty. No one wants to raise taxes in an election year!! For political reasons, the health care bill supporters specifically did NOT call that individual payment a TAX.!

President Obama likewise ran from the word tax. He was emphatic about it...he said it was a PENALTY and not a tax! [He said, “absolutely not a tax!”] He did not want to raise taxes — especially on the middle class because he said he would not— to help get elected.

And now?

Had they simply CALLED it a tax....the health care legislation challenge by the states in Florida would have been struck down today and the Feds would have been a big winner. Why does that make it a difference? Because the Feds have broad authority under the Constitution to tax (Art. 1, Section ...and you can only challenge a tax AFTER you pay it (not before.) So had Congress called it a tax, the states or individuals could not challenge that part of the health care bill until 2014 and AFTER payment. With taxes, you must pay and then seek refund from the government (yes, I know, called “fat chance” in most instances!)

If it is a penalty, you can challenge now. Hence the case was not thrown out.