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Guest
yes, he did, the obama people argued it wasn’t a tax. roberts declared the penalty a tax after he earlier declared the penalty not a tax. he played both sides of the argumentRoberts didn’t “make up” anything. He wrote an opinion (joined in part by Ginsburg, Breyer, Sotomayor and Kagan) for the majority of the Court, finding that the individual mandate was a tax.
Justices Anthony Kennedy, Samuel Alito, Antonin Scalia, and Clarence Thomas wrote that Roberts not only ignored the plain language used in the legislation — penalty instead of tax –- but also the basic definition of what a tax is. (huffpost)