Least of all a guy as smart as Justice Roberts. I'm telling you guys, he knew exactly what he was doing here, and this decision is only tangentially about the constitutionality of a law requiring health insurance.No one can claim that that sequence satisfies the spirit of Article 1 Section 7.
He was walking a similar political minefield as a previous Justice by the same last name, and he did it quite deftly. As Al mentioned, he drew a line at Wickard, and he's left the primary matter open to future challenge in both the legislative and judicial branches.
I really do picture him chortling into his sleeve about this one.