Larry Solum explores whether the majority view that the individual mandate is beyond the Commerce Power is “precedent” or “dicta.”
Steve Vladeck on whether CJ Roberts engaged in a “Marbury moment,” sacrificing immediate victory against a political adversary to win the long-term war.
Rick Hills on the absurdity of the tax argument. (Fwiw, I’ve consistently maintained that it would be a natural, but not necessary expansion of prior precedent to uphold the mandate on Commerce Clause grounds. For the reasons Rick discusses, I don’t find the tax argument at all congenial.)