Okay, I’m confused here. Does this have to back to Congress to be re-written and passed as a tax, or does it stand, although redefined by the Court as a tax?
It stands. But it can be repealed. Chances of repeal are that much greater now that is universally understood as a TAX
It stands and it has NOT been redefined as a tax.
Roberts just justified his decision by stating that the mandate could fall under the taxation powers of the government. The Commerce Clause is used for many of the same things, but it doesn't redefine everything under it's umbrella as commerce.