I read the decision yesterday. It was remarkable for it’s expansion of government power and the sheer stupidity of Roberts’ “reasoning.” It runs something like this: Because the gov’t can tax gasoline and income, and taxes can affect behavior, and this bill affects behavior, it is a constitutional tax.
Notably absent is ANY constitutional authority for this type of tax (if it even is a tax–Roberts essentially declared it a tax because it will be administered by the IRS). The Constitution specifically authorizes excise taxes (e.g. sales taxes like gasoline) and income taxes (via the 16th amendment), but nowhere does it grant the federal government the authority to tax a lack of activity and/or a failure to engage in commerce or failure to enter into a transaction. This goes far beyond obummercare, since Roberts has no given the federal gov’t carte blanche to regulate ANYTHING as long as the penalties for failure to comply are written into the tax code. Didn’t buy a Volt, tax; didn’t have an abortion, tax; didn’t vote for Obamney, tax, didn’t suck dick, tax (according to Roberts, you can choose not to suck dick, you’ll just have to pay for the privilege).