“The vote totals are more accurately represented as an 8 to 1 vote rather than 5 to 4 vote.”
Not sure how you mean this. The dissent (the four good justices) agreed the act was not within the commerce clause. So that’s 5 on Roberts dicta re the commerce clause. The four bad justices couldn’t imagine any limit to congress powers under the commerce clause. So I count 5-4 on the commerce clause, although Robert’s reasoning was all by itself.
I know. Poor wording on my part. Just wanted to point out how he was shifting between both sides. So ultimately nobody voted “in total” with Roberts.
Ex.
4 liberals voted - AA
4 conservatives voted - BB
1 Roberts voted - AB