True, the McConnell case (2003) didn’t go too well, but more recent decisions indicate some “buyer’s remorse” on the Court. Specifically, Wisconsin Right to Life v. Federal Election Commission (2006) provided a “legislative issues” exception big enough to drive a Mack truck through. And there is a new case on the horizon, the “Hillary” documentary case, which some SCOTUS watchers are saying might begin the reversal of McCain-Feingold in earnest. I would therefore not be too quick to write the Supreme Court out of the healthcare conflict. The constitutional arguments against it are most compelling, not the least of which is the fact that the premise, if accepted, would break down the last barrier against an infinitely powerful fed excusing all its abuse of power under the blank check of the Commerce Clause. Trust me, SCOTUS, even with its current makeup, will try to find a way not to go there.
I hope so.