“The individual mandate thus cannot be sustained under Congress’s power to ‘regulate Commerce.’”
Okay, so it’s sustained under some other power. What have we gained? Nothing. The commerce clause has been a thorn in our side ever since McCulloch v. Maryland, and especially since Wickard v. Filburn, but its not as if its the only thing we care about. So the commerce power does have a limit. So what, if the feds can do whatever the hell they want through other means? The commerce power is limited and the taxing power is unlimited. We’ve gained nothing.
Congressional taxing power has always been unlimited - that's the point Roberts is making. Congress has always had the power to pass taxes - including those on non-activity.
And yet, for 225 years, they never thought to do so, because it would mean certain loss. But now, inadvertently, and over loud protestations to the contrary, Congress has been deemed to have passed on a tax on non-activity.
Even better, it's horribly non-progressive. Rich, middle, poor & homeless are all liable for the same tax. Wait until the 20% who are currently on SNAP and/or receiving EBT cards are on the hook for thousands $ each year. Or the millions of illegals who get away scot free in the cash economy.
But wait, it's gets even better: the DHS cannot unilaterally issue waivers on taxes to favored groups like unions, churches, etc. Nope, this baby is now in the hands of the IRS - the most oppressive TLA besides the TSA.
Roberts just did us a favor by making every person, even the most egregious member of the FSA, now on the hook for an enormous personal tax. How are they gonna react?