President Obama's former solicitor general Neal Katyal said on CNN that Obamacare "really functions like a tax":
CNN’s Jeffrey Toobin: “The politicians, President Obama said ‘this is not a tax increase.’ He said it over and over again during this debate. Now, the court upholds it as a tax. Do you think that contributes to people's cynicism about the law?”
Obama’s Former Acting Solicitor General Neal Katyal: “Well, I don't think so, because the constitutional question is after all, is it function like a tax? And what the Chief Justice said today is look, it quacks like a tax, it looks like a tax, it functions like a tax, it is a tax. Every American knows that, because if you don't pay the individual mandate, then on the 1040 tax bill, you have to check a box saying so. And so everyone knows that this really functions like a tax.”
Toobin: “So we ignore what the politicians say and the lawyers will figure it out.”
CNN’s John King: “You can be absolutely certain you won't hear that in anything from the Obama campaign. And you go to BarackObama.com, and you’re not going to see anything like that, that it is a tax.”
The Wall Street Journal reports that the president "will nominate White House lawyer Donald Verrilli as solicitor general, filling a vacancy left by Elena Kagan when she became a Supreme Court justice last year, the White House said Monday." By picking Verrilli, the White House is passing over Neal Katyal, who has temporarily held the position since Kagan left for the Supreme Court.