For now, it seems, the lawsuit against the federal government over health care reform will move forward, after a ruling by a federal judge in Florida. The judge did not rule on the merits of the case, but decided that the plaintiffs can argue both the constitutionality of the individual mandate and that the expansion of Medicare infringes on state’s rights.
Although the individual mandate clearly falls under the power of Congress to tax, I admit to not being completely sure what the Supreme Court will do once the lawsuit makes it way to them, since the justices in the right wing of the court have shown a disturbing tendency lately to rule based on political preferences rather than the Constitution, leading to flawed decisions such as Citizens United. In light of this, it seems likely that we’ll end up with another 5-4 vote, with Kennedy (as usual) deciding the case.
I will say that his decision to involve Colorado in this stupidity was more than sufficient reason for me to vote against John Suthers in his re-election bid for Colorado Attorney General.