It does not matter... the ONLY thing that matters is that a Chief Justice of the Supreme Court operate strictly within the confines of the Constitution and his oath of office. If he violates that for any reason... he or she is not worthy to hold that position.
LLS
However, if he is to redeem himself, and if Tea Party patriots really want to stake this new central government power that Roberts created through the heart, then We The People need to put forward a Constitutional Amendment with a clause prohibiting mandated commerce and another clause prohibiting fines, fees, and taxation of non-activity.
We need one of FRs lawyer types to frame the language so that it is both clear, and leaves no wiggle room.
We need to amass enough signatures so that the Anti-Indenture Amendment goes viral.
We will see if the American People really value their freedom and oppose obamneycare as much at the polls suggest.
And for all you mitt backers who keep claiming that you're going to somehow hold mitt's feet to the fire, this is the foolproof way to do it - mitt has to make passage of this Anti-Indenture part of his platform.