Obamacare bait and switch

George Will wonders if the health care reform law can be overturned on appeal because the legislation was fundamentally misrepresented in Congress:

Republican gains were partly a result of the "shock-and-awe statism" (Indiana Gov. Mitch Daniels's phrase) of the health-care legislation passed in March. Seven months later, a federal judge in Florida, hearing arguments about the constitutionality of penalizing Americans who do not purchase health insurance, was bemused.

Lawyers defending the legislation said that the fee noncompliant Americans would be forced to pay is really just a tax. But during congressional debate on the legislation, Democrats adamantly denied it was a tax. So, in a rehearsal of an argument that will be heard by the Supreme Court, the judge said:

"Congress should not be permitted to secure and cast politically difficult votes on controversial legislation by deliberately calling something one thing, after which the defenders of that legislation take an 'Alice-in-Wonderland' tack and argue in court that Congress really meant something else entirely, thereby circumventing the safeguard that exists to keep their broad power in check."

Much as I'd like to believe that prevarication is a cause for appeal, I think it's more likely the Supreme Court will take the Democrats' "Animal House" defense: