[MileHi]

Really? What do the smart people say about whether Roberts comments on the Commerce Clause are unbinding dicta? How do the smart people justify Roberts finding a “tax” where none was claimed? And what sort of “tax” did Roberts find it to be? Eh n00b?

[supercat]

What do the smart people say about whether Roberts comments on the Commerce Clause are unbinding dicta?

Is there any basis for regarding any part of a court decision as being "binding" on anyone but the actual parties to the case before it? To be sure, if the Supreme Court implies that it will overturn at first opportunity any future lower-court decisions which violate certain principles, then it's in most cases reasonable for lower-court judges to avoid issuing such decisions; the Court thus has some implicit authority to instruct lower courts what rules to follow, but only to the extent they are willing to follow it.