Following today’s Supreme Court decision upholding the Affordable Care Act, a number of analysts continue to take up the question as to whether the individual mandate should be considered a tax or a penalty.

At an American Enterprise Institute discussion this morning, AEI resident scholar Thomas Miller, head of the think tank’s “Beyond Repeal & Replace” health reform project, said that while there are other avenues in a system of checks and balances, for now, the law stands.

“So, you can’t make people eat broccoli but if they don’t eat it, you can tax them — but just not very much and try to do it in a sneaky way so you don’t lose too many votes in the next election,” says Miller.