Right, that was what I read yesterday by Dr. K.
Roberts’ throwing ‘the problem’ back to the voting public, instead of ‘doing his job’. Hence in my #1 comment - “a huge gamble, with so much to lose ....”
He [Roberts]first emphatically states that Obamacare is unconstitutional under the Commerce Clause saying you cannot make people buy stuff. Then he emphatically states that it is unconstitutional under the “necessary and proper” clause which only applies to “enumerated powers” in the US Constitution. Justices Ginsberg, Breyer, Sotomayor and Kagan all went along with these statements.
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No they did not! Ginsburg flat out said otherwise in the first paragraph of her opinion, and was joined by Kagan et al...
I agree with The Chief Justice that the Anti-Injunction Act does not bar the Court’s consideration of this case, and that the minimum coverage provision is a proper exercise of Congress’ taxing power. I therefore join Parts I, II, and III–C of The Chief Justice’s opinion. Unlike The Chief Justice, however, I would hold, alternatively, that the Commerce Clause authorizes Congress to enact the minimum coverage provision.