As everyone knows it will come down to Kennedy. He gave each side just enough to keep them guessing.
IMHO its possible he will find the mandate unconstitutional under the commerce clause but its sure not anything I'd bet on.
I think the AIA arguments yesterday tipped the justices hand. If the whole thing was going to be overturned the losing side would have been pushing the AIA to delay things but both sides wanted it to go forward. Telling me at least, that the mandate may be overturned but the other parts of the statute will stand.
Without the mandate? The central focal point? That’s gonna being interesting to see how the bill goes on without it and survive.
If they can mandate healthcare, what next? Mandatory 401ks? Mandatory retirement facility care? Mandatory Chevy Volts?