CJ Roberts rescues the mandate by noticing that it’s a tax. Here’s the key line in the dissent of the minority, Kennedy, Scalia, Alito, and Thomas:
The issue is not whether Congress had the power to frame the minimum-coverage provision as a tax, but whether it did so.
The full decision is here.
Cheap Talk 
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June 28, 2012 at 12:16 pm
Angry Dude
The road to he!! Is paved with literalism. Words aren’t math, if they were we wouldn’t need a panel of 9 wise people to figure out what they mean. Minorities argument seems specious on this basis alone.