This is not correct. The four doctrinairre leftists on the Court did not join in the Commerce Clause portion of Roberts opinion. Thus, Roberts, amongst the majority, was (on this issue) leading a parade and noone was following. To hold it was a tax and that Zero, therefore, duped everyone, required that it not be a penalty. But Buzzy et al wrote it was just fine as a mandate. Neither did the dissent call it a tax.
As if they care about that....the bottom line is, they won, we lost, and that's that! And there is no frickin' way I would believe that Roberts is smarter than Scalia, who voted to get rid of this travesty....Roberts voted WITH Kagan, Sotomayor and Ginsburg.....'nuff said.
You are correct.
Thus, Roberts, amongst the majority, was (on this issue) leading a parade and noone was following.
The vote totals are more accurately represented as an 8 to 1 vote rather than 5 to 4 vote.