I understand that and completely agree. What confuses me is the practical effect of today's ruling on our effort to get rid of Obama-non-care through the courts.
As a point of argument, the only way the Appeals panel could decide against Virginia's standing is if they believe the penalty to be a tax.
If it's a tax it can be disposed of a bit easier than the rest of it.
Remember, with taxes you always have three choices ~ leave the rate alone, raise it, or lower it. You can set the rate at ZERO if you wish.
That's one of the risks of using tax law to create special funding conditions ~ somebody who doesn't like your project can cut off your money simply by "starving the beast".