The Supreme Court has ruled the individual mandate is constitutional as a tax. So the individual mandate is not a permissible use of the commerce clause; however, it is appropriate for Congress to levy a tax that essentially forces taxpayers to buy health insurance.
I will have to wait until I read the entire opinion before rendering judgment, but at first blush this looks like a terrible defeat for the rule of law.
By the way, it looks like it was a 5-4 decision. Kennedy voted with Scalia, Thomas and Alito. Let that sink in.
Correction: I am now reading that it was 6-3. Honestly, I’m reading a lot of conflicting reports, so I’ll refrain from further commentary until I read the opinions.
Correction to the Corrction: Nope, Kennedy, Alito, Thomas and Scalia would have decreed the entire act unconstitutional. It was John Roberts who saved Obamacare.
And now I offer my apologies to all those I scolded for critiquing the John Roberts selection. You were right. I’ve thus changed the post title.