RE: The government argued both in its brief and during oral argument that the penalty was a tax which it had authority to impose pursuant to the taxing clause
So, Obama was lying when he said THE MANDATE IS NOT A TAX.
See here:
http://abcnews.go.com/blogs/politics/2009/09/obama-mandate-is-not-a-tax/
WATCH HERE:
Of course he was. Does it surprise you that Obama would lie about such a thing?