The American Spectator is reporting that a Department of Justice memo calls the penalty for any U.S. citizen who doesn't buy health insurance under the new national health care law a "tax."

The memo was filed in court last week by the Department of Justice in response to a Florida lawsuit against the Patient Protection and Affordable Care Act.

That's significant because President Barack Obama criticized those who said it was a tax in an interview with ABC's George Stephanopoulos.

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"It looks hypocritical," said Patrick Wright, senior legal analyst for the Mackinac Center for Public Policy. "They were willing to say one thing in public in order to pass it. Now they are going to defend it and they are saying something different."

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See also:

Court Asks for New Brief in Ann Arbor Firm's ObamaCare Case

White House misses early deadlines in ObamaCare implementation - The Daily Caller

ObamaCare appears more unpopular than ever - Fund, Wall Street Journal

Pelosi: ObamaCare allows artists to avoid the consequences of quitting their jobs.

Obamacare promises already busted - Detroit News Op-ed

CBS Features NY Mayor Bloomberg Speculating Bomber Was Mad About ObamaCare - NewsBusters 

Obamacare Mulligan - Wall Street Journal Editorial

The reality of Obamacare - Jonah Goldberg

Republicans and Obamacare - Wall Street Journal Editorial

20 ways Obamacare will take away our freedoms - Investors Biz Daily