For some strange reason, I think that when ObamaCare hits the Supreme Court, it will be an 8-1 decision in favor of upholding the individual mandate, with Justice Thomas the lone dissenter and the sole voice of liberty. Justices Kennedy, Alito and Roberts can be counted upon to side with the 4 liberals on the court (who have never found a piece of Commerce Clause legislation that they disagree with). Those seven justices will join together in one opinion. Justice Scalia will concur in the judgment and, writing separately, will state that Congress has the authority to compel you to purchase private insurance because uninsured people have an effect on the interstate market for health insurance, even if private health insurance is, in fact, mostly an intrastate market.
Commerce Clause - Born 1788, killed by the Supreme Court in 1942 (Wickard v. Filburn). Resurrected briefly in 1995 (United States v. Lopez) and 2000 (United States v. Morrison), only to be killed off again in 2005 (Gonzales v. Raich). One defender of the Commerce Clause on the court -- Justice Thomas. Justice Scalia was a defender of it in Lopez and Morrison, but because of his hatred of marijuana, he twisted the intent of the Necessary and Proper Clause and aided the liberals in their running roughshod over the Constitution.
Such was always the intent of the War On (some) Drugs.
Nice analysis. Thanks for the post.