I guess where I going with this.
The Dems may think they have a win/win on this via the judiciary. If the judiciary goes their way, they have a health care deal that will be difficult to repeal.
If it doesn’t, they can tell their lefty base they tried, use the courts as a whipping boy and motivate their base.
I’m sure some of them are aware this is on real shaky constitutional grounds. They just don’t care.
It was probably the main selling point by Obama. Congress has finally run out of other people's money, and they needed to find a way to bring in more revenue from now until the election. That's how they got Stupak on board. This was never about health care, but rather it was about raising taxes.