http://thehill.com/blogs/healthwatch...healthcare-law
A poll of ex-clerks who worked for the current Justices and lawyers who have tried appeals before SCOTUS were asked what they thought the chances of SCOTUS overturning Obamacare.
35%. A very different story that what is being portrayed by the MSM and even the alternative media.
I can understand that position from insiders; because SCOTUS is so loath to disregard recent cases. And since 1936, after FDR threatened to pack the Court, SCOTUS has discovered vast new Congressional power under the Commerce Clause. The first case to say "hold on, let's think this through" was US v. Lopez, where SCOTUS said that the Commerce Clause does not authorize the Congress to regulate gun possession in a school zone.
In a 5–4 decision, the Supreme Court affirmed the decision of the Court of Appeals. It held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the economy on a massive scale.
And that was in 1995. From 1936 to 1995 SCOTUS allowed Congress to expand its powers through the Commerce Clause unchecked. All of that should be undone.
I hope that this decision clarifies and expands upon Lopez. One step at a time.