the mandate. because if the mandate is found to live under congress's constitutional power to tax, then, of course, it is constitutional. leave it to justice samuel ilie toe to highlight the difficult corner the administration painted itself in to on the question of is it or isn't it a tax. >> today you are arguing that the penalty is not a tax. tomorrow you are going to be back and you will be arguing that the penalty is a tax. has the court ever held that something that is a tax for purposes of the taxing power under the constitution is not a tax under the anti-injunction act. >> no, justice alito. >> joining me is dr. sikh iman wul, the department of the department of medical ethics and msnbc distributor he helped to craft the affordable care act