Somebody better tell this asshat to pick up Liberty and Tyranny and READ IT.
The Supreme Court has already ruled on a mandate to buy “insurance” during the adoption of Social Security. The Justice Department had to present it to the court as a tax, same as the income tax, while FDR was out there selling it as an insurance program.
Even then, with FDR packing the court, they knew it would be an unconstitutional mandate.
meh
Second, if Congress doesn't and Scotus hears the case, it is but a short intellectual, Leftist walk for Scotus to build on Helvering v. Davis - 1937. Social Security was challenged and found Constitutional in large part based on the General Welfare clause, rejecting Madison and adopting Hamilton.
Writing for the 7-2 majority, Justice Cardozo held that Congress was given the power to spend money for the public good under the General Welfare Clause. Hence, the Social Security Act did not violate the 10th Amendment. The Court would defer to Congress in determining what legislative acts served the general welfare. Congress itself would be the monitor of what Congress would do.