Should the law stand, I expect that argument to be made in the courts, but they can’t make it yet until they actually start collecting the tax. I suspect this is why Ginsburg was so upset. Roberts might have screwed them royally.
The only people Roberts screwed where his Conservative colleagues on the Court and the American people! Wake up! This is a disaster of epic proportions. This ruling, now gives precedent to all federal officials to tax NON ACTIVITY. They can not force you to buy apples, but they can tax you if you do not. They can not force you to buy a GM vehicle, but they can tax you if you do not. They can not force you to take part in or have an abortion, but they can tax you if you do not.
This lawless decision has flung the doors wide for any and all forms of fascist dictates from the prick Obama and the Democrats and Republicans in the government.