I thought that Roberts opinion in striking down the mandate via the commerce clause clause was essentially his own. The other 4 conservatives struck down the commerce clause argument for the mandate as well, but they did not join with Roberts in their opinion because of the infantile and moronic rift created by Roberts. My understanding is that SC precedent does require a majority, concurrent opinion, so Roberts basically did nothing good here (other than allowing states not to be extorted by the Feds over Medicaid). So in the future, the libs could still use the commerce clause for more federal usurpations.
Roberts s a big lib and a disgrace, and if Romney is elected, I hope Roberts resigns fom the court.
Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
Scalia, concurring in Raich