*tiptoes in* I read an opinion piece that the "penalty" is truly a tax, and listed as such in the actual Act. The opponents of "Obamacare" used the Commerce Clause. The Justices actually read the Act and recognized that the "penalty" was in fact a tax. Apparently (this is all according to the opinion piece), a number of attorneys filed an "amicus" (friend of the court) brief that suggested that since it was a tax, it was a straightforward case. However. Mr. President sort of shot himself in the foot by insisting that it was not a tax.
There's a lot to like about the ACA. But it has to be paid for somehow.
Full text of the opinion piece is here. http://www.cnn.com/2012/06/28/opinio...html?hpt=hp_c2