Called It!
Carolyn Shapiro, frequent Oyez contributor and director of the Institute on the Supreme Court of the United States, appeared on Chicago Tonight yesterday evening. When asked about the outcome, she correctly predicted the Court would uphold the individual mandate.
A coin toss decision hardly merits bragging...either SCOTUS would uphold it or they wouldn't. Even a broken clock is correct twice a day. I suppose I would be impressed if she had predicted the grounds upon which Obamacare was actually upheld. But she didn't. Or course, neither did anyone else...because most of us still assumed that SCOTUS felt the need to make sense. Wrong, again!
The Court did uphold the individual mandate.
The mandate is constitutional.
The mandate IS a tax; therefore, the individual mandate passed constitutional muster under Art. I, section 8, cl. 1.
But the court did not uphold the individual mandate.
The mandate is unconstitutional.
It is only the tax that passed constitutional muster under the general welfare clause.