“The case’s arguments aren’t strong....”
Say what?
I think that by not including competition across state lines, the Congress really screwed up. If the health care law included cross-state policy sales, then they could effectively argue that they were regulating interstate commerce. But by leaving in place a system where health insurance is restricted by state of residence, they in effect ceded that argument to the states.
At least, if the judge hearing the case has a brain, that’s the way he’ll see it.