Hello? Obama surrogate argues that- under yesterday's SCOTUS decision- the mandate is unconstitutional after all!

An Obama campaign surrogate, Gov. Deval Patrick (yes, that's his real first name) of Massachusetts, made a fascinating comment yesterday.

He denied that the individual healthcare mandate is a tax. "Don't believe the hype that the other side is selling," Gov. Patrick told reporters. "This is a penalty," Patrick said. "It's about dealing with the freeloaders."

In saying this, of course, he is in complete agreement with the Administration:

But here's the problem: if the mandate is a penalty, and not a tax, then yesterday's majority opinion written by Chief Roberts explicitly states that it's unconstitutional after all! Guys, you can't have it both ways. If it's a penalty, it's unconstitutional- by virtue of the very court decision you're celebrating. But if it's a tax, then isn't it time to be honest with the American people about it? HT: Drudge

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