If that was his idea, then he should have declared it a tax, then declared it unConstitutional because of the Origination Clause.
No. He just wanted to be popular. He’s a sleaze and a weirdo.
I do find it more than coincidental that CNN and MSNBC commentators were predicting that Roberts would vote with the liberals on the court and they mentioned it more than a few times in the weeks leading up to the decision. Most conservatives were concerned with Kennedy, but the lame stream media suddenly turned their attention to Roberts and that he would be the swing vote. And sure enough, he was! Coincidence? I think not!