I couldn’t see how Americans could be forced to buy health insurance by calling it a “tax,” either.
The key point is Drudge’s comment that a SC Justice told him that the “votes are there”. SC rulings trump whatever our understanding of copyright law may be. The practical always wins over the theoretical ...
Well, that's certainly true.
But a link is nothing more than some http and an address. While only one firm or person (or more) can own the right to reside at an address, the address itself cannot be prohibited from mere mention by others.
But as you say, we live in a strange new world, so who knows what can or cannot happen.