[crosshairs]

Okay, someone tell me if I am wrong here. Roberts decided to make certain that the issue was not decided under the Commerce Clause and invented the issue as a Tax. Deciding to not appear the Court look partisan, he sided with the Liberals. In doing so, he changes their argument that the penalty was not a penalty, but a tax, thus negating the Commerce Clause argument.

It seems to me the S.C. should have sent it back to congress and told them to re-write the bill and call it a tax, for it to be acceptable. Make congress call it a tax.

[dfwgator]

It seems to me the S.C. should have sent it back to congress and told them to re-write the bill and call it a tax, for it to be acceptable. Make congress call it a tax

Exactly. That's what doesn't make any sense.