Stand up for the facts!

Our only agenda is to publish the truth so you can be an informed participant in democracy.
We need your help.

More Info

I would like to contribute

$

Is it a tax? Or is it a penalty?

By Louis Jacobson
July 5, 2012

In the days following the Supreme Court’s decision on President Barack Obama’s health care law, supporters and critics of the law sparred over the question of whether or not the individual mandate was a tax.

Critics of the law highlighted Obama’s shifting views of whether the mandate was a tax or a penalty (an issue we fact-checked here). On the other hand, supporters noted that if the individual mandate was actually a tax, then Mitt Romney himself had also imposed a tax when he signed a health care law as governor of Massachusetts.

Initially, a senior aide to the Mitt Romney campaign, Eric Fehrnstrom, told MSNBC that Romney “has consistently described the mandate in Massachusetts as a penalty” — a position at odds with many other Republicans in the wake of the ruling.

But then, Romney changed course in a July 4, 2012, interview with CBS News.

“Well, the Supreme Court has the final word,” Romney said. “And their final word is that Obamacare is a tax. So it’s a tax.”

We fact-checked Romney’s statement by talking to more than a dozen legal experts. Read their comments and see why we rated this statement Mostly True.

Our Sources

See fact-check for complete sources.

Browse the Truth-O-Meter

More by Louis Jacobson
Donald Trump
stated on February 3, 2026 remarks in the Oval Office
"The crime rate now is the lowest it's been since 1900. That's 125 years."
Half-True
Donald Trump
stated on February 2, 2026 an interview with Dan Bongino
Among Somalis in Minnesota, “92% of them don’t work.”
Pants on Fire!
stated on January 25, 2026 an interview on Fox News "Sunday Morning Futures"
“You cannot bring a firearm loaded with multiple magazines to any sort of protest that you want. It’s that simple.”
Mostly False
Donald Trump
stated on November 22, 2025 a Truth Social post
“I have just gotten the highest poll numbers of my ‘political career.’”
False
Nancy Mace
stated on November 6, 2025 a fundraising email
New York City Mayor-elect Zohran Mamdani “is bringing Sharia law to America.”
Pants on Fire!
stated on October 26, 2025 an interview on NBC's "Meet the Press"
"Overall, the inflation since President Trump” took office “has come down."
Half-True

Has overall inflation eased under Donald Trump? It depends on the measure

Robert F. Kennedy Jr.
stated on January 7, 2026 a press briefing

stated on January 14, 2026 a statement

Social Media
stated on February 14, 2026 social media posts



stated on January 20, 2026 an op-ed


Donald Trump
stated on February 3, 2026 remarks in the Oval Office


Social Media
stated on February 8, 2026 social media posts





Robert F. Kennedy Jr.
stated on stated on November 17, 2025 in remarks at George Washington University:

Donald Trump
stated on February 2, 2026 an interview with Dan Bongino