How binding is Justice Roberts' finding that the ACA's individual mandate exceeds Congress's Commerce Clause authority? - update

Last July, I posed the question in the title in the post below, prompting a bit of a lawyer's debate in the comments. Ratman, an acute critic of the reasoning accepted by Chief Justice Roberts on this question, has just rejoined that debate after a nine month hiatus-- prompting me to wonder whether the question has been addressed in legal literature.

So, attorneys: What do you think of Ratman's argument below?  Has "the Supreme Court ruled" that Congress can't regulate inactivity, or can't mandate a purchase in the unique case posed by insurance?

A quick question of law
Thursday, July 05, 2012

How many of Chief Justice Roberts' brethren signed onto his finding that "the individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause"?  None.

Justice Ginsburg, writing for the four liberal justices with regard to the mandate, concurred with Roberts' finding that the mandate was a constitutional exercise of Congress's taxing power, but dissented strongly on the Commerce Clause question. Justices Alito, Kennedy, Scalia and Thomas officially concurred with no part of Roberts' decision, though their reasoning with regard to the Commerce Clause mirrored his.  And of course, the Chief Justice's own finding that the mandate is constitutional rendered his Commerce Clause judgment moot with respect to the fate of the individual mandate.

A question, then, for legal scholars: does the finding that Congress cannot regulate inactivity have any force of law for future cases?

A quick question of law

How many of Chief Justice Roberts' brethren signed onto his finding that "the individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause"?  None.

Justice Ginsburg, writing for the four liberal justices with regard to the mandate, concurred with Roberts' finding that the mandate was a constitutional exercise of Congress's taxing power, but dissented strongly on the Commerce Clause question. Justices Alito, Kennedy, Scalia and Thomas officially concurred with no part of Roberts' decision, though their reasoning with regard to the Commerce Clause mirrored his.  And of course, the Chief Justice's own finding that the mandate is constitutional rendered his Commerce Clause judgment moot with respect to the fate of the individual mandate.

A question, then, for legal scholars: does the finding that Congress cannot regulate inactivity have any force of law for future cases?

Scotusblog's finest hour

As a counterpoint to the bumbling of CNN, Fox et al, the probity and precision of Scotusblog's 6/28/12 liveblog is worth savoring. My emphasis below.

10:07

Amy Howe:  We have health care opinion.

10:08

Amy Howe:  Parsing it asap.

10:08

Amy Howe:  The individual mandate survives as a tax.

10:09

Amy Howe:  It's very complicated, so we're still figuring it out.

10:10

Kali:  We are still here. Don't worry.

10:10

Tom:  So the mandate is constitutional. Chief Justice Roberts joins the left of the Court.

 The individual mandate survives as a tax! That was one of the best moments of my life (I know, I know, get a life...).