You said...Roberts called it a “tax on not obtaining health insurance.”
So Roberts didn't call it a "tax on not obtaining health insurance" but Congress did.
Right?
No.
Roberts is characterizing what HE believes Congress did when he says Congress enacted a “tax on not obtaining health insurance.”
I do not believe it is a tax in reality. Justices Scalia, Thomas, Alito and Kennedy do not believe it is a tax in reality.
However I do not have a vote on the Supreme Court. Justices Scalia, Thomas, Alito and Kennedy do not have ENOUGH votes on the Supreme Court in this case.
If the Supreme Court says 5-4 that the emperor is wearing a fine new suit of clothes, then the emperor is wearing a fine new suit of clothes as far as the Constitution is concerned, no matter what the little boy in the crowd says.
Roberts and four justices ruled that Congress enacted a tax on not obtaining health insurance.
That is the law of the land.
I don’t believe they were right, the four dissenters do not believe they were right, but what ROBERTS said the Congress did IS NOW WHAT THE CONGRESS DID as far as the Constitution is concerned.
Capiche?
“So Roberts didn’t call it a ‘tax on not obtaining health insurance’ but Congress did”
Congress said no such thing. The law as passed has it as a penalty for not following the mandate. Roberts changed it into a tax so as not to strike it down. If in doing so Roberts said Congress called it a tax, then he’s liar.
Anyway, what’s the difference? Obviously the decision is based on Roberts calling it a tax on not obtaining health insurance. Whether or not Congress also said so is irrelevant.