Some think that it was for political reasons.
It appears that the first 3/4 of the dissent opinion was also written by Roberts. (???)
Liberals fear a Roberts backlash in future conservative rulings.
Moe at RedState, Captain Ed at HotAir, and Stephen Hayes at the Weekly Standard all point to the fact that it is indeed a TAX (despite what Romney's crank spokesman tries to say).
Which lead to Joel Pollak at Breitbart to say this:
The Obama campaign has seized on remarks made by Romney adviser Eric "Etch-A-Sketch" Fehrnstrom this morning on MSNBC, to the effect that the individual mandate in Obamacare (and Romneycare) is not a tax. Fehrnstrom allowed Chuck Todd to push him off message--and re-ignited the fears that conservatives have long had about Romney's will and ability to fight. In response, conservatives--who had just coalesced around opposition to what many now call "Obamatax"--exhort: Mitt, start fighting, or give up and let someone else do it.
Fehrnstrom's point--in defense of Romneycare--was that the Supreme Court was wrong to uphold Obamacare under the taxing power. The individual mandate was never intended to be a tax, Congress never called it a tax, and it wasn't a tax in Massachusetts, either. Fine--but now that Obama's lawyers went to court and called it a tax, and Chief Justice John Roberts called it a tax (and spare us the non-distinction between "tax" and the "taxing power") Obamacare is, undeniably, a massive tax on the middle class. Obama lied. It's that simple.
The GOP primary is over, and this is not a mistake that Fehrnstrom can merely shake away. It's going to be used--and already is being used--by the Obama campaign to save itself from the tax argument, and to label Romney as a liar (when that label belongs squarely on Obama, who campaigned against Hillary Clinton's individual mandate in 2008). Perhaps this is why Rupert Murdoch has been calling openly for Romney to "drop...old friends from [his] team and hire...some real pros," as he did on Twitter yesterday.
The Tea Party has been ready to rally to Romney's side over the Obamacare decision, overlooking his past in order to use him as the vehicle for repealing Obamacare and toppling Obama. But if Romney won't fight for conservative principles, the Tea Party is going to start looking elsewhere--fast. No one wants to live through the frustration of October 2008 all over again. No one wants to watch another conservative capitulate to Obama.
This ain't Etch-A-Sketch, Mitt. Go hard or go home.
Romney was quick to respond, saying that:
75% of this tax falls on those households making under $120,000.
Here is a list of 20 of these new taxes on NewsMax. Some of these new taxes:
Codification of the “economic substance doctrine” (Tax hike of $4.5 billion). This provision allows the IRS to disallow completely-legal tax deductions and other legal tax-minimizing plans just because the IRS deems that the action lacks “substance” and is merely intended to reduce taxes owed. Bill: Reconciliation Act; Page: 108-113.Lawyers have already written 13,000 pages of new regulations... and they're not finished yet!
Tax on Indoor Tanning Services ($2.7 billion/July 1, 2010): New 10 percent excise tax on Americans using indoor tanning salons. Bill: PPACA; Page: 2,397-2,399.
“Black liquor” tax hike (Tax hike of $23.6 billion). This is a tax increase on a type of bio-fuel. Bill: Reconciliation Act; Page: 105.
HSA Withdrawal Tax Hike ($1.4 bil/Jan 2011): Increases additional tax on non-medical early withdrawals from an HSA from 10 to 20 percent, disadvantaging them relative to IRAs and other tax-advantaged accounts, which remain at 10 percent. Bill: PPACA; Page: 1,959.
Tax on Medical Device Manufacturers ($20 bil/Jan 2013): Medical device manufacturers employ 360,000 people in 6000 plants across the country. This law imposes a new 2.3% excise tax. Exempts items retailing for <$100. Bill: PPACA; Page: 1,980-1,986
Flexible Spending Account Cap – aka “Special Needs Kids Tax” ($13 bil/Jan 2013): Imposes cap on FSAs of $2500 (now unlimited). Indexed to inflation after 2013. There is one group of FSA owners for whom this new cap will be particularly cruel and onerous: parents of special needs children. There are thousands of families with special needs children in the United States, and many of them use FSAs to pay for special needs education. Tuition rates at one leading school that teaches special needs children in Washington, D.C. (National Child Research Center) can easily exceed $14,000 per year. Under tax rules, FSA dollars can be used to pay for this type of special needs education. Bill: PPACA; Page: 2,388-2,389
Employer Mandate Tax (Jan 2014): If an employer does not offer health coverage, and at least one employee qualifies for a health tax credit, the employer must pay an additional non-deductible tax of $2000 for all full-time employees. Applies to all employers with 50 or more employees. If any employee actually receives coverage through the exchange, the penalty on the employer for that employee rises to $3000. If the employer requires a waiting period to enroll in coverage of 30-60 days, there is a $400 tax per employee ($600 if the period is 60 days or longer).Bill: PPACA; Page: 345-346
As Daniel Horowitz at RedState says, we need to defund ObamaCare NOW.
And we should be able to do it via reconciliation.
So now you know why likely voters in a Newsweek/Daily Beast poll find Obama even WORSE than Carter.