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.
Sure, why not? Roberts said it was not a tax for the purposes of the injunction clause, but was a tax for the purposes of ruling on the mandate. Change arguments on the fly, change logic on the fly between opinions, whatever works to cram it down our throats!