If in fact Robert’s comments on the Commerce Clause is merely dicta, then it was totally meaningless.
If it was central to the decision, it was still unnecessary for him to find for the ACA under the taxing authority.
In other words, Robert’s decision is abysmal or even worse.
Although Roberts indicated that he thought that the mandate failed under the Commerce Clause, the concurring opinions did not agree on that point so the only actual holding that has any precedent whatsoever is the holding that Congress has the Authority under the Taxing Clause to force all Americans to buy Health insurance or pay a “TAX”.
It would only have been precedent on the Commerce Clause if the Statute were thrown out on the Commerce Clause. It wasn’t thrown out. It was upheld.
There is no silver lining. Mark Levin’s analysis was right on the money and anyone who hasn’t heard it needs to go onto his website and listen to the show on the day the decision came down.