So the new Republican argument (which Mitt Romney was against before he was in favor of it) is that the individual mandate is an oppressive tax on the middle class. Cute, isn’t it, adopting John Roberts’s argument?
First of all, there’s the little matter that the word “tax” in legal doctrine means something different from the word “tax” in ordinary English. And there’s nothing wrong with that. Plenty of words have precise legal meanings that would be foreign to ordinary English speakers, like “negligent,” “reckless,” “material,” and so on, and billions of dollars turn on those precise legal meanings. But that’s not going to sway many people, so let’s go to the numbers.
When Chief Justice John Roberts
emerged from behind the red curtain and took his seat at the center of
the Supreme Court bench last Thursday, he did not look like his usual
self. The brisk confidence of the Midwestern burgher was absent,
replaced by a more sombre mien. His eyes were red-rimmed and downcast,
his voice nearly a mumble. The announcement of the Court’s decision in
National Federation of Independent Business v. Sebelius was clearly an
unhappy duty for him. It’s easy to see why. By affirming the
constitutionality of the Affordable Care Act—the legislative cornerstone
of Barack Obama’s Presidency—Roberts was disappointing those closest to
him. Roberts was a professional Republican: a staffer in the Reagan and
Bush I Administrations, a judge and a Justice thanks to Bush II. And
here, alone and exposed, Roberts joined with the Court’s four liberals
to dash the Republican Party’s most fervent wishes. It was a singular
act of courage.





























