Circuit Court Decision and the Individual Mandate
Those hoping for a legal shortcut to overturning Obamacare could be disappointed. While some jurists are concerned about giving Congress too much power absent a compelling need others are focused on insuring that Congress has maximum latitude to legislate, even if the laws it enacts are bad ones, produce unintended consequences or upset large segments of the population. In the case of Obamacare, opponents of the law may have focused too much on the individual mandate because that was the only aspect of the law that could be challenged from a constitutional standpoint. There are many other elements of the law worth despising in addition to how it was rammed through. Ironically, a court 'victory' for Obamacare could trigger a greater voter backlash against the law in the 2012 elections. That could lead to Obamacare being struck down and replaced with something more sensible through the legislative process. Which is how the Founders sort of saw things from the outset.