As much as I hate the Roberts ruling that the penalty is a tax (bullshit), it was unanimous that the Fedgov has over-stepped its authority regarding the Commerce and Necessary clauses. That's huge! Or do I have this wrong?
That's the way I see it. The court ruled on the matter before it that neither the commerce clause nor the elastic clause empower the government to do this, relying instead on the power to tax. And no tax law can be challenged until it goes into effect. So once 2014 gets here, I fully expect this to find its way back before the Roberts court at which point he will rule against it as a violation of equal protection. He could not do so before.