The pea in the shell game.
Congress, Obama and Donald B. Verrilli, Jr. have said time and again that the ACA (Affordable Care Act) mandate was not a tax. On one appearance Verrilli stood before the Supreme Court Justices and argued the mandate wasn’t a tax and on another day he argued it was. These two conflicting arguments were apparently enough to confound the Chief Justice of the Supreme Court of the United States.
Chief Justice Roberts now says the ACA is constitutional because the mandate is NOT a fine collected under the commerce clause of the Constitution, but IS a collectable tax under Congress’ power to tax.
Instead of a magic bean, we are faced with a magic pea that changes from being a fine to a tax — all without the need for writing it into the law or making that consistent argument before SCOTUS.
The Progressive leadership will argue against the assertion that the mandate is a tax simply because if it IS a tax it will be the largest tax ever passed. I seriously doubt that Pelosi, Reid or Obama will embrace this conjured definition of ACA’s IRS “tax”. No, the pea which was a “fine” and then became a “tax” will undoubtedly morph back into its “fine” state.