DeGette, a lawyer and a prominent backer of the law, acknowledged that the justices face a tricky task in sorting through the tax question. “If they are going to uphold the mandate, they might have to call it a tax,” she acknowledged, and yet, if it is a tax, taking the case now appears to contradict the statute.
“It’s a fine line,” she said.
She said the tax concerns could be the “sleeper issue” but that she expects the court to rule on the broader case and find a way around it.
Otherwise, she surmised, it wouldn’t have taken the case in the first place.
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