To clarify a little more..
The minority opinion has been used for decades as a kind of “back door” for judicial activists...
Closing the back door shuts out judicial activism...
This is why it had to be done this way...
Oh, and like I said, it was always a tax, never a penalty, no strain had to be made...
You're still straining at a gnat.
The 'front door' retained Obamacare. What the 'back door' might mean for some future decision hardly measures on that scale.
Yes, Roberts said that the Commerce clause had been stretched too far to justify Obamacare. But then he said that it didn't matter because as long as they call it a 'tax' the Federal Government can do anything it wants anyway.
The *issue* is that Roberts said that the Federal Government can take over the health care decisions of private citizens. Why (whether the rationale in the majority or minority opinions) is not significant next to that decision.
Yes, it wasn't all that they liberals wanted. But just because their win on taking over the entire national health care system was not in itself justification for the *next* part of our nation they want to socialize doesn't mean they didn't socialize health care - which was and has always been the most important topic for statists.