Roberts knows Obama does not have to go by his language. It’s a penalty. It was only a tax for the purpose of the decision. Now it’s a penalty again, which it always was. And Roberts knows that.
I hear you, and it makes me feel torn about it. Then again, even if the GOP doesn’t have 60 seats in the Senate in Jan. 2013, so long as they also have the House, they can use Reconciliation to get rid of the Individual Mandate, as the taxing power covers it, according to Roberts. (Of course they need a president who opposes Obamacare to sign it.)
It is an effing tax, period. If you don’t pay a tax THEN you get a penalty. What?!