Daniel Bernstein makes this suggestion at Volokh Conspiracy:
h/t The Anchoress
I respectfully disagree with the Anchoress' position on the Roberts' ruling (I do not like the ruling). I am also not sure of what "future litigation" there will be. The Supreme Court has ruled. I doubt any votes will change. But politically it makes sense to put Democrats in a tough position.
From Smitty at TOM: Ott finds humor in the decision...
If I were a Republican Congressman I’d schedule a new vote in the House on the individual mandate, but replace the “penalty language” with language specifically acknowledging that the “penalty” is actually a tax. If the Democrats vote “aye,” they’ve acknowledged breaking the Obama pledge not to raise taxes on the middle class. If the Democrats–specifically those who already voted for the mandate–vote “nay”, what becomes of the tax argument in future litigation?
h/t The Anchoress
I respectfully disagree with the Anchoress' position on the Roberts' ruling (I do not like the ruling). I am also not sure of what "future litigation" there will be. The Supreme Court has ruled. I doubt any votes will change. But politically it makes sense to put Democrats in a tough position.
From Smitty at TOM: Ott finds humor in the decision...
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