@yytz just read it – you buy this congress never intended it to be a tax but its a tax business to determine standing? this is even further than Verrilli was taking it. also i disagree with you in regards to the mandate, as a mandate and a tax are governed differently the biggest example is that the republicans would only need a simple majority to overturn it – no filibusters allowed. if the republicans win the senate and keep the house the individual mandate will be gone. this is not an unlikely prospect considering that the democrats are defending a lot more seats than the republicans are. a mandate would require a filibuster proof 60 votes which would probably be unattainable. Roberts gave the republicans a powerful tool with which to strike down the mandate and possibly the law as a whole if they didnt include a severability clause which as far as i know is absent from the law. There is no way that Roberts is not well aware of this fact.
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