Abbe Gluck’s opinion is just spin. Seems to me that Scalia’s point was conditional on a premise that can’t be met. Scalia will know that.
Justice Roberts ruled that Congress was empowered to create ACA through its power to “tax”.
But taxes and tax subsidies must be levied equally. For example, the federal government cannot allow Earned Income Credits for residents “Blue” states, and disallow Earned Income Credits for residents of “Red” states. If they could, they would.
But ACA allows or denies federal tax subsidies based on which state a person resides in. How can this be “equal treatment under the law”?