OTOH, the Court WILL NOT allow Congress to claim a power NOT specified in the Constitution.
Requiring a person to enter into a compulsory contract has been invalid for centuries - and the Founding Fathers knew this.
Forcing someone to enter the marketplace so that Congress can regulate them under the Interstate Commerce Clause is a non sequitor. Fining someone for failure to do so is ALSO invalid.
IF the Court declares the mandate [and the rest of the law] unconstitutional, it is NOT activism - it is the duty of the Court. For as Justice John Marshall stated in Marbury v. Madison [an opinion that DEMs CLAIM they revere]:
"It is emphatically the province and duty of the judicial department to say what the law is ..."