About the oral arguments at law.com and Kimberley's. (The latter is much better.)
What's funny is that apparently no one has broached the subject that the Legislature is not nearly as careful and precise in drafting its bills as we pretend. Ultimately, there is not going to be some Holmesesque flourish of legal brilliance that resolves the issue.
Most likely, a divided Supreme Court rules that it is a penalty.
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