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No one knew it at the time, but the key moment in the Supreme Court Obamacare case came on March 26, the first day of oral arguments, when few people were paying close attention.
Before getting to the heart of the case, the justices first wanted to deal with what seemed to be a side issue: Was the penalty imposed by the individual mandate in Obamacare a tax? If it was, the case would run afoul of a 19th-century law known as the Anti-Injunction Act, which said a tax cannot be challenged in court until someone has actually been forced...
Roberts' Dodge At Heart of Obamacare Decision