I disagree. It's not about sides with Roberts. Roberts thinks Obamacare is terrible policy. He pretty much said so in his Obamacare opinion. He understands, however, that his job is not to determine whether a law is good policy, but instead to determine whether there is Constitutional support for the law. We all hated that his view that the tax clause gives the Feds the power to tax those who do not buy insurance had the effect of keeping the awful Obamacare law alive. Remember, though, that he agreed with the majority that the Feds do not have the power to force people to buy insurance. That was a significant limitation on the Commerce Clause and a significant victory for those of us who want to rein in big government. I can't imagine he would think it's appropriate for the IRS to issue regulations that contradict clear language in the legislation giving the IRS the power to issue those regulations. We'll see.
RE: Remember, though, that he agreed with the majority that the Feds do not have the power to force people to buy insurance...
OK, where in the law does it say that not buying health insurance will subject you to a TAX?
It says that you are subject to a PENALTY.
Obama himself told George Stephanopoulos that the mandate is NOT A TAX.
See here:
http://abcnews.go.com/blogs/politics/2009/09/obama-mandate-is-not-a-tax/
How did that morph in a tax?