Your understanding of dicta is incorrect.
Roberts explicitly stated: “without deciding the Commerce Clause question, I would find no basis to adopt such a saving construction.” Thus in order to reach the ultimate decision, he had to reach the Commerce grounds first. It’s a holding, despite the fact that leftists wish that is was not.
I am confused by all of this. We argued for months that Obamacare violated the Commerce Clause. What Roberts did was take the Commerce Clause out of the equation in regards to Obamacare and called it a tax, and Congress decides taxes.
From a Commerce Clause persepctive, States are not forced to participate in accepting Medicaid funding, hence many states pulling out from accepting increased Medicaid financing.
So, basically what we need to do is take back the Whitehouse and majority in both houses, repeal this via laws and when the leftwing lunatics decide to sue and take this to SCOTUS, Roberts will turn around and say, “you got the ruling you wanted and this is why I voted they way I did.”
Today Obamacare is still meaningless. On November 7, we will finally know if what Roberts did actually matters.