Both sides can claim victory of a sort, though their wins come at a price.
The Obama Administration and congressional Democrats won on the mandate’s enforceability. But they now own it politically as a tax.
The States won a real choice on Medicaid expansion. But they may not wish to have to make that choice.
The challengers won real limits on federal regulatory power under the Commerce Clause. But they lost on the ultimate judgment of constitutionality.
The real winner of this decision is Chief Justice Roberts. Today’s decision makes clear that this is the Roberts Court, not the Kennedy Court, as many have called it.