"He chose... poorly."
It is obvious that Roberts’s true opinion of the law was that it was unconstitutional, just as stated in the conservatives’ dissent. It is equally obvious that the vain, cowardly Roberts changed his vote, true opinion notwithstanding, to enhance his legacy and/or to protect The Court As An Institution (As Liberals See It).
He violated his oath and should be treated as such.
@ NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS
Foremost among them is that Congress itself framed the requirement to purchase insurance as a mandate enforced by a penalty and not as a tax.
IMO the Doctor needs to read The Congressional Record for that day before he makes that comment.
Congressional Record (particularly S13830)
Here's the video... SERVICE MEMBERS HOME OWNERSHIP TAX ACT OF 2009
Actually, what has readers scratching their heads is wondering why Dr. John A. Sparks, dean of the A. J. Calderwood School of Arts & Letters at Grove City College (Grove City, PA) where he teaches constitutional law and business law, and a graduate of the University of Michigan Law School, practicing member of the State Bar of Pennsylvania, and a member of the State Bars of Michigan and Ohio...
... doesn't know that the answer to his question is found in Roberts use of different definitions of "person" - specifically:
1) that of a natural non-corporate human being person who is not subject to being regulated for "inaction" under the Commerce Clause,
versus
2) the Title 26, §§ 6671 (b), 7343 and 6332 (f) "person" defined as the TAXPAYER who is an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs..
Especially since Roberts himself WARNED that This case concerns two powers that the Constitution does grant the Federal Government, but which must be read carefully to avoid creating a general federal authority akin to the police power.
Or maybe Dean Sparks DOES know, and he just doesn't want YOU to know.