“Now that this tax is gone, per Roberts’ own criteria, I would expect the Supreme Court could overrule their previous opinion.”
Roberts may have done himself in by mentioning that the commerce clause does not cover Obama care. The only thing that did was that he considered the penalty a tax
He won’t be able to go back and change his mind. And perhaps he doesn’t want to, I really don’t know. Wasn’t he the one that said that it wasn’t up to the courts to fix a bad law? I’m not sure if he was telegraphing that that’s what they wanted to do or not. But the fact that he was going to vote one way and then immediately changed his mind one day before the vote, makes me suspicious.
I expect the Supreme Court to let the TX ruling stand.
Congress has to figure out how that gets fixed. Not CJ Roberts’ problem.
Its a political issue for politicians to resolve.