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I made this point months ago here on madville. The legal argument isn't that the healthcare bill IS A TAX (who cares if it is or isn't? that does not make it unconstitutional). It's that Congress has the power to do this based on article 1, section 8- the necessary and proper clause. To allay the fears of morons who cannot make this distinction, Obama had to say that it's not an additional tax; that is to say, it will not add net cost to the tax payer. But what it is doing is shifting tax payer money around and restructuring the way things are paid for, which Congress has the power to do under the necessary and proper clause.

The district court will obviously find this constitutional, it will be affirmed on appeal to the circuit, and the scotus will refuse certiorari. You can bookmark this comment and come back to it when the case history is done.