Thanks Bush Jr.
If anyone ever quotes anything from The Lincoln Project around these parts, they deserve to be summarily (in a figurative way) beaten into a pulp for their fateful use of non-logic.
I think we need the Obamacare cases to finalize before we could use the "it's not a tax if you don't collect it." Which, if I am not mistaken, the whole Miller argument with regards to the tax being the "regulatory" scheme, falls on it's face.
I think you are missing the fact that DC copied our law in exact form and was told that discrimination of "palpable need" is interest balancing and discriminatory to individuals. You're also missing the fact that this case, is another vehicle to reach SCOTUS to settle this across all 50 states...