>>5829270
The conference went three days, IIRC. The Dems pushing for it repeatedly stated "it is not a tax" when referring to the mandate fine. On the last day, and after a SHIT TON of coaching from Roberts about "is this a tax?", the Dems finally caved and called it a tax. Then it passed. The interpretive constitutionality of it being a "fine" vs a "tax" is clear. Feds cannot imposed undue fines on individuals for not purchasing a "service", but they can impose a "tax", as that is a power granted by the constitution.
The Supreme Court, in an opinion written by Chief Justice John Roberts, upheld by a vote of 5 to 4 the individual mandate to buy health insurance as a constitutional exercise of Congress's taxing power. A majority of the justices, including Chief Justice Roberts, agreed that the individual mandate was not a proper use of Congress's Commerce Clause or Necessary and Proper Clause powers, though they did not join in a single opinion. A majority of the justices also agreed that another challenged provision of the Act, a significant expansion of Medicaid, was not a valid exercise of Congress's spending power as it would coerce states to either accept the expansion or risk losing existing Medicaid funding.