Obamacare is already on its deathbed

Published August 22, 2011 4:00am ET



When the United States Supreme Court examines the individual-mandate provision of the Affordable Care Act sometime next spring, it will undoubtedly give great weight to the text of the United States Constitution and relevant Commerce Clause case law.

But, whether or not any justice will ever admit it, some on the court may be hesitant to invalidate the new law because of the significant strain it would place on an already divided Congress.

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