“Yes, Congress has the power to tax but the mandate was NOT a tax until Roberts said it was. “
Verilli agreed that it was a tax during oral arguments before the court. Roberts didn’t create that justification on his own.
You posted in part: “Yes, Congress has the power to tax but the mandate was NOT a tax until Roberts said it was. “
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Reminds me of 3 baseball umpires asked about their theory of calling balls and strikes: Ump #1 says “Some are balls and some are strikes, I call ‘em like I see ‘em.” Ump #2 two says “Some are balls and some are strikes, I call ‘em like they ARE!” Ump #3 says “Some are balls and some are strikes, but they ain’t nothing til I call ‘em!”
I was under the impression that he did. Yes, Verilli said it was a tax and was quickly corrected by Breyer, I think it was that it was not a tax. I seem to recall that exchange.
What irked me the most was Robert’s contention that it was the job of the SCOTUS to find a way to make the law stand. And that is what he did. Maybe I am naieve but I thought their job was to measure the law against the Constitution. There have been plenty of decisions that said, to the effect, if you had argued it this way we would have ruled differently.