All the TV analysts are agreed that the Affordable Care Act, aka ObamaCare, is going to be struck down by the Supreme Court.
The attitude is based on oral arguments in which all five conservatives asked skeptical questions, including the presumed “swing vote,” Anthony Kennedy, who seemed to see this as a basic question of liberty, the freedom not to participate in the market.
But here's my prediction, for what it is worth. The law will be upheld. Most likely, by a 6-3 vote.
The reason is basic. Without this law regulating insurance the government has no control over one-sixth of the economy, short of taking it over, which it is otherwise in the process of doing. The current law is a Republican solution, first proposed by Richard Nixon a generation ago, and implemented by Mitt Romney less than a decade ago.


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