Well, then it all comes down to what Justice Kennedy thinks.
My bet is the supreme court upholds Obamacare. They will just write a 100-page long ruling that contorts things to their view.
This may take some time to get to the SC and who knows who will be sitting there when it does.
My bet is the supreme court upholds Obamacare. They will just write a 100-page long ruling that contorts things to their view.
I don't think so. Right after Obamacare was passed, I read an opinion Justice Kennedy wrote on a case involving a federal law on guns in schools (Sorry, can't remember the name of the case). At any rate, he voted with the majority in finding the law unconstitutional. His thought process in explaining why he voted the way he did was very incouraging to me. This case involved the feds claiming jurisdiction because of the commerce clause and federal laws taking precedent over state laws (sound familiar?). At any rate, his opinion showed that he not only considered the words in the Constitution, but also the writings of the framers and the historical context in which the commerce clause was written to reach his decision. If he applies the same standards to Obamacare, I think he will rule against it.