Possibly he was, according to The Blaze which has reported on a legal challenge to 'Obamacare' which has seized upon Justice Roberts's ruling that 'Obamacare' (aka: The Affordable Care Act) is a tax-raising measure. Well, obviously it is because someone has to pay for Obama's largesse but the point is that the bill was raised in the Senate and under the constitution tax-raising measures may only be originated in the House. If this is upheld then the entire 'Obamacare' gravy-train will crash off the rails. Of course, there are some strong counter-arguments but even so, this could be a real tester. At the time the Supreme Court ruled on the 'legality' of the Act, most commentators reckoned they would shoot it down but in fact it squeaked through on the back of Chief Justice Roberts's ruling which took everyone by surprise. However, one or two expert observers said at the time that Roberts was a subtle lawyer and that there were one or two hand-grenades buried in the detail. It looks as though one appellate has just pulled a pin!
Hat tip to those subversive rascals at I Hate The Media.