Scalia also said it is not a tax, in the dissent. Do we disagree with Scalia and agree with Roberts on this?
However, yes, Romney should consider firing this guy for stupid comments.
“Scalia also said it is not a tax, in the dissent”
Thanks for that clarification.
To me Scalia/Romney are saying it should not have been passed on either the commerce clause, or some interpretation of Tax aka Roberts Opinion.
In that regard calling it a penalty appears to be the correct interpretation.
Hence Romneys, Bad Law, Bad Policy comments.