Follow me here... The GOP tax legislation drives a stake through the heart of HusseinCare by eliminating the penalty for not having insurance... without that penalty, people are free to go uninsured if they so choose, completely undercutting the foundation of HusseinCare...The tax legislation was passed via "reconciliation", which allows for a simple majority vote in the Senate...Reconciliation can only be applied to legislation concerning taxation...As twisted as Chief Justice Roberts's logic was that ended up "saving" HusseinCare, it was his determination that the "penalty" was instead a "tax" that laid the foundation for the repeal of HusseinCare via reconciliation of this tax legislation.
Question: Did Roberts do this on purpose? I ask, because in hindsight, it appears to me that this outcome was baked right into the cake. It's almost too perfect to be an accident. Is this just a result of twisted extra-legal unintended consequences? Or did Roberts plant a bomb? He did say at the time, something to the effect of, (paraphrased), "If the people want it repealed, they wll do so through their elected officials," or some such comment.
Idunno. Just thinking out loud.