If you read the ruling you will find that this is not an activist judge. He correctly states that Obamacare is in uncharted waters and he correctly lays out both positions. As the first judge hearing the case, he knows that he will not be the last judge to hear the case.
However, in my not so humble opinion, the Judge missed the constitution arguments at their heart. In essence, which has higher precedence 1st amendment vs the 17th amendment? Does the right to engage in religious activity or to refrain from abhorrent activity, trump the right of the government to tax? That is the battle and the issue to be decided.
This judge just took the easy way out knowing others will decide the issue.
IOW, another John Roberts.
That’s the 16th amendment. Though it is paid for through a tax on income—not an income tax persay, as in my opinion it is a direct tax on insurance status—Obamacare gets most of its juice from the “general welfare” clause of the tax and spend section.