Romney Spokesman: Mandate Not A Tax Romney campaign spokesman Eric Fehrnstrom appeared on MSNBC with Chuck Todd and explained that Gov. Romney did not agree with the Supreme Court ruling that allowed Obamacare to remain the law of the land and he agreed with the dissent written by Justice Antonin Scalia. The dissent, charging the individual mandate as an unconstitutional infringement adamantly denied Chief Justice John Roberts' assertion that the individual mandate was a tax, and therefore constitutional. The NBC News anchor hammered Fehrnstrom for what he believed was an inconsistency. There is no record of Mr. Todd questioning a member of the administration over the President's pledge to not raise taxes for his health care law and then arguing in front of the Supreme Court that the individual mandate was a tax.