Depends on who you ask. And when.

The news seems to have caught a few people off guard.

https://twitter.com/jeffrhoden43/status/492429943394283520

So “being an idiot” is the criteria for determining whether the government can force you to buy something you don’t want?

https://twitter.com/jaycelle/status/492470720140566530

That makes it ok.

But it’s a fine. At least until they need it to be  a tax again anyway.