Two different judges in two different courts have ruled the opposite on Obamacare. The health-care legislation will come before the Supreme Court in time. The Court will uphold the legislation. Why? (1) The Court doesn’t usually overturn major legislation of Congress. (2) It won’t go back to the original meaning of the commerce clause. It believes in a living Constitution. (3) To go back to the original meaning would repudiate the New Deal and whole blocs of U.S. Code including minimum wage laws, regulation of hours of work, laws against discrimination, and more. (4) The sentiments of the population are not strongly enough against Obamacare to affect Court opinion. (5) The Court’s own majority bias favors such legislation.
The net result is that everyone must buy health insurance or else face penalties. De facto, but not in law, Pelosi correctly observed: “…the power of Congress to regulate health care is essentially unlimited.” The same can be said of almost everything else. It is a question of enforcement.
