It was Roberts that said it was a tax. He’s in a deep corner now.
It was invalid even back then under the Unconstitutional Conditions Doctrine, which the Court conveniently ignored. (E.g., if the Congress lacked power to enact the law directly, it couldn’t do so indirectly by subjecting people to a tax or penalty if they didn’t comply. (California Coastal Commission v. Nolan) But now there is truly no basis for the law.
It’s time for Trumpsters to threaten Roberts, just like Bambi did.