I thought it was a tax; not a penalty.
Wasn’t that the reasoning of the worthless Chief Justice of the SC?
Well, you see, there's one single factor to consider: the elite see themselves as above the law, unbound by it — moreso the judiciary, which sees itself as kings, declaring what the law is, wrapping themselves in the law and declaring it to be supreme.
Thus it is whatever is convenient to consider it.
And that's why I consider the judiciary the most lawless of the branches.