Deliverance or Disaster?Four former solicitors general weigh in on Roberts' ruling

摘要

The Supreme Court'S Decision Abounds with legal and political ironies. Foremost, and central to the result, is the majority's conclusion that the individual mandate is a legitimate exercise of Congress's power to tax. During the legislative debate, the President and his allies were adamant that the mandate was absolutely not a tax. Had they marketed this provision as a tax, the bill would surely not have passed. So the Supreme Court saved the signature legislative achievement of the Obama Administration precisely because it was not what the Administration said it was.