[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.

[MileHi]

SCOTUS precedent is cited all the time. However, as I understand it, the opinion of a single justice expressed in a decision that is not part of the majority decision is not binding. Mark Levin addressed this and says nothing changes with regard to Commerce or Necessary and Proper.

So all we got was expanded taxing power. And precedent.