Its a tax penalty, and it always has been. It was the samething Mittens passed in Massachusetts.
If it was unconstitutional it never would have passed period.
Romney signed into law something the Democrats of Mass wanted.
What Romney signed is a states rights issue, not something that is law for the entire country.
Huge difference.
Romney even vetoed about 8 sections of that Mass. Healthcare bill, and they just overroad the vetos effortlessly.
It must have been tough Governing La-La Land.