It won’t be upheld it has no basis in law.
There’s no basis for Roe either. Or the eminent domain ruling not too long ago.
But this is over the top. If they want the court to ever be taken seriously ever again they can’t rule the government has power to force/demand citizens buy ANYTHING. It means just by living you have to buy something. Far more than a tax. Huge breach of liberty and free contract law. Involuntary contracts signed under duress, have always been regarded as null and void.
If the Founders didn’t use the Constitution in this way, what makes them think now in 2012 this is somehow a legitimate power of the federal government?
They will not uphold the mandate. The question is will they strike the entire law since they wrote it if any part if found invalid the entire thing is. I wish they would hold to the law as written (no severability) and have to strike the entire thing down. Even if they don’t it can’t work without the mandate so it goes down anyway as unworkable.
That used to a valid line of reasoning until 1962 SCOTUS to remove prayer from the school. Since then, the SCOTUS has been in a free fall, with 99 of every 100 rulings to the severe detriment & destruction of our once formerly great nation.
In 1973, Roe vs Wade had no basis, none whatsoever in the U.S. Constitution. Instead Blackmun found the basis among the penumbras & emanations (wisps & vapors) throughout the Constitution, that now grants a constitutional right (like life, liberty & the pursuit of happiness) for a woman to kill her own baby.
The cowardly SCOTUS will vote to uphold 0dumb0care 6-3, with Roberts & Kennedy voting with the 4 socialist (including the 2 lesbians). Or maybe they just are too cowardly to act on it at all, and will kick it 8-1, back to the Appeals court, so they can avoid ruling on this until after the 2012 election. In which case, 0dumb0 will claim the ruling has now given legitimacy to his 0dumb0care bill, and he will hammer cowardly Romney & cowardly Repubs for ever claiming this was unconstitutional.