The conservative Supreme Court justices have done a creditable job of sticking up for individual rights — e.g., the second amendment decision — but for individual rights we have definite yardsticks contained in the Bill of Rights. States’ rights — there is very little detailing what “states’ rights” are, and can you think of a true “states’ rights” decision since 1940?
Sorry to be pessimistic on this subject, but I seriously doubt that the Federal courts will be our salvation in this matter.
I’m not overly optimistic either, but there are many possibilities and millions of people thinking of ways to undo the damage done by Pelosi-Reid-Obama. Never underestimate the enmity of USSCJ’s scorned:)
But the burden is on the federal government. What are they going to argue is the basis for mandating an individual purchase of a commodity?
See my previous post on the power to tax.
Also, weren’t there other arguments floating around on the Cornhusker Kickback - the arbitrary and capricious exemption from taxation of one state, leaving the other states to pay more?