It is more likely than not that the Supreme Court will strike down the individual mandate as going beyond the federal government's constitutional powers. The government has to date been unable to articulate a limiting principle to the power it asserts -- not even to the courts that eventually ruled its way -- nor give examples of laws that would go beyond it. That will not be good enough to gain five votes before the Supreme Court.
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January 9, 2012 12:29 PM
Court More Likely Than Not to Overturn
It is more likely than not that the Supreme Court will strike down the individual mandate as going beyond the federal government's constitutional powers. The government has to date been unable to articulate a limiting principle to the power it asserts -- not even to the courts that eventually ruled its way -- nor give examples of laws that would go beyond it. That will not be good enough to gain five votes before the Supreme Court.
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