I completely agree with you.
Please read this post and say what you think:
http://www.freerepublic.com/focus/news/2863884/posts?page=26#26
Fascinating. Really appreciate the link. While I have followed the issue (Obamacare), I gladly concede that this aspect has never occurred to me. However, since you (and some other) may have pointed it out, I find it not only plausible but “could very well be”. Like I said in another post, we attorneys ALWAYS (in complex issues) give the Judge/Court something to throw away. We always have an issue (maybe two) we don’t mind losing just so we can keep our core issue.
For you that have considered this as a possibility. Good call. I think the real smoking gun here is the Obama Admin backing off the “this is a tax” issue to let the Court pitch it.
In short .... hmmmmmm.