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Thank you for referencing that article EBH. Please bear in mind that the following critique is directed at the article and not at you.

I hope that most freepers understand that the main problem with Obamacare does not concern technicalities in the poorly written law that law professors are unsurprisingly finding in Obamacare. The problem with Obamacare that every legal voter should be able to point out is the following. The states have never delegated to Congress, via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes.

In fact, regardless what activist justices want everybody to think about Obamacare, the Supreme Court had previously clarified that the states have never granted Congess the specific power to address public healthcare issues.

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. (emphases added)" --Gibbons v. Ogden, 1824.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.

In other words, corrupt Congress wrongly ignored its constitutional Article V requirement to petition the states to amend the Constitution to grant Congress the specific power that it needs to regulate public healthcare before establishing Obamacare. It is important to note that the states could have chosen to not grant Congress such power by not ratifying the proposed amendment.

The states have never delegated to Congress, via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes.

So where does that leave the FDA? the CDC?

I think the challenge based on the Origination Clause has a much better chance. Unlike Congress's power to legislate in the area of health care, there is not a lot of precedent wherein the Court has twisted the Constitution to mean what the Progressives want it to mean.

Obamacare is a revenue bill. Revenue bills must originate in the House. Obamacare originated in the Senate, after Dingy Harry did Select All, Delete, Paste, Save As on a House bill entitled the Service Members Home Ownership Tax Act of 2009. Therefore, because Congress didn't pass the law correctly, it must be tossed. The Origination Clause challenge is a do-over opportunity for Roberts. If he were to get it right, the law would simply be gone — regulations, mandate, taxes, and all.