Hmmmm... Except on the first day of the 3 days of oral arguments, Obama’s lawyers argued that it was NOT a tax.
http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-398-Monday.pdf
The gooberment got to argue for the Commerce Clause, a penalty, an/or it was a tax if everything else failed.
Throw everything against the wall and hope something sticks. SCOTUS allowed for this idiotic BS.
Change the argument on the fly nonsense.
Everyone in the country should be required to read this oral argument transcript before commenting on the issue.
It’s long and somewhat arcane, but you can really get a sense of the various arguments—and why, in the end, Roberts made sure it was NOT a Commerce Clause issue.
I bet he horse traded with the 4 libs to find it Constitutional as a tax rather than via the Commerce Clause which would have been a very slippery slope for the future.
You can reduce taxes and coverages paid for by taxes much easier than repeal something that is set in stone under the Commerce Clause.