lyle :”Interesting, at least to scholars, that while the mandate and its attached penalty are a tax for purposes of its constitutionality, but not for the Anti-Injunction Act. If it were a tax for AIA purposes, this case would not have been decided re the mandate. “
Bizarre.
Right, the whole maj decision is a cheat to avoid addressing the Severability Clause. It smacks of Warren/Burger-era paralogisms...