Something...
Whatever happened in this decision, there was something underhanded going on.
The two things that were appealed out of the 11th circuit were whether the Medicaid expansion was unconstitutional and whether the mandate could be supported under the interstate commerce clause.
That’s pretty much it. NOT whether or not it was a tax.
So Roberts basically went out into la la land and pulled something out of his rear because HE KNEW IT FAILED THE INTERSTATE COMMERCE CLAUSE.
And he tries to argue - quite miserably, I might add, - that it IS NOT a direct tax subject to apportionment.
It’s not an excise tax, it’s not a duty or an impost tax, it is not an indirect tax that can be shifted to a consumer, it is a direct tax on individuals.
Something went down. He was threatened or paid off or coerced or something.
If he had any honor, he would simply resign from the court, disclose exactly what happened, and redact his vote.
I’d prefer that he resign from the court, disclose everything and RECANT his vote. FWIW