We wanted the Court to really decide the limits of the Commerce clause of the Constitution, instead, the Court whimped out by hiding behind the authority to tax. It's a HUGE mistake on the part of the Court because now it invites ever more Commerce Clause issues to boil up. Lost an opportunity to decisively draw the line on the extent of the Commerce Clause. That is the real failure that occurred today.
Actually, I'd respectfully disagree with your analysis. The ability to use the Commerce Clause to compel activity was actual diminished by SCOTUS today, as five of the nine judges rejected this argument, including Chief Justice Roberts when he wrote:
Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.”
So my analysis is that, Commerce Clause arguments to compel or mandate activity was diminished
, while the ability to compel activity via a tax, even though the legislation went out of its way to deny it was not
a tax (the incoherent concept "invented" by Justice Roberts) was largely increased.
Either way, I am deeply saddened by the Government's continuing intrusion into our lives, and the gradual erosion of our individual freedom, liberty and sovereignty.
Sic Semper Tyrannis.