I think youare giving him way to much credit. In round one they could have struck it down and been done with it. No need for round two.
History tells us about Reagan’s vendetta with the Soviet Union, and Communism. John Roberts it has been reported here at FR in an article going back to the time of the ruling had a vendetta as well. The Commerce Clause, and the abuse by the Democrats of that clause. Justice Roberts allegedly used the opportunity of the moment to the chagrin of many pundits to set precedence against the abuse of that clause.
I’m not a lawyer, nor do I profess to be a geek on these matters, but just bringing up some points here that I have read at FR that make 2010Freepers argument plausible.