Providing all with health insurance is a social objective. Social objectives are traditionally financed through the ability to pay or when appropriate some type of user fee. The employer mandate is effectively a tax levied without regard to either of the two aforementioned principles, making it unfair by definition. And, that injustice exists whether you believe that the beneficiary ultimately pays this tax in lower compensation, including fewer employment opportunities, or small employers, many of whom are often little better off than those whom they are taxed to subsidize, pay it directly.