Now it depends upon which Supreme Court Justice will initially hear the presentation. If it is one of Obama’s libs, (or maybe Roberts himself) they will overturn the ruling. It will then be appealed to the full court and then it is up in the air again. Another year goes by!
That’s not the way the Supreme Court works. All cases are heard by the full court. You may be thinking of a request to stay the NLRB ruling (not really necessary here), but if filed, it goes first to the Circuit Justice (Roberts, in this case), but is virtually always ruled on by the whole court, except in literally last-minute, life-or-death situations..
They will probably just declare it a TAX and therefore valid. Its worked before regardless of its relevance.