[Praxeologue]

Roberts just got two libs on the Court to help gut the Commerce Clause, and not in dicta.

Roberts' opinion on the Commerce Clause was obiter dicta, and as such not binding on lower courts.

[RIghtwardHo]

Correct. It was non-binding dicta.

[SoFloFreeper]

I don’t know about that. The exact reasoning for the court’s upholding for the law, as I understand the composition of the ruling, was that it was a tax.

Yes, I heard the caller on RL talk about how it was non-binding...but I’ve also been around long enough to know that the texts of decisions are used as precedents. You can bet the “tax” argument, citing this decisioni, will be around for a long time.

[piytar]

Hmm, that’s what I get for reading articles about the opinion instead of the opinion. My bad, thanks for the correction.