Well, The Supreme Court has upheld the Affordable Care Act as constitutional, so we can all now proceed to the elections in November with a sigh of relief. Opinion here.
The Opinion was surprisingly written, for the most part, by Chief Justice Roberts, joined in various parts by Justices Sotomayor, Kagan, Breyer and Ginsburg (the latter of who wrote the concurring opinion. Roberts opinion said:
The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax.