ya, what a brilliant idea. Why kill it then when years (and billions of dollars) later we can kill it because it was a tax that started in the senate that was placed in a stripped out house bill that means it likely started in the house but now we have to ask Roberts if that is ok.
I am hoping that the strategy is that the method of passage is unacceptable to SCOTUS and the reason that Roberts ruled the way that he did is so that two birds could be killed with one ruling.