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.
These worries are misplaced. Obamacare is already a very sick patient whose symptoms will inevitably require major action by Congress. A Supreme Court decision invalidating some, or all, of the law would only hasten the inevitable.
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