After a federal judge in Texas declared Obamacare unconstitutional on what I saw as shaky legal grounds, I declared the decision an ” assault on the rule of law.” On Wednesday, I met with Rob Henneke, a lawyer for individual plaintiffs in the suit, who said that myself and other critics “missed the mark” in our analysis, and he explained why. Henneke, general counsel at the Texas Public Policy Foundation, who has been serving as attorney for the individual plaintiffs, has advanced an alternative theory that sees the requirement to purchase insurance (the mandate) as separate from the tax on going uninsured. All major differences flow from the way one views that distinction.