So reports SCOTUSblog. That’s kind of funny, given that it’s the one argument we didn’t focus on much. Feel free to comment below.
UPDATE: Goldstein reports: “So the mandate is constitutional. Chief Justice Roberts joins the left of the Court.” “The bottom line: the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.” “Chief Justice Roberts’ vote saved the ACA.” Although CNN is reporting that the mandate was struck down, so we’ll have to wait and see from the opinion itself.
ANOTHER SCOTUSBLOG UPDATE: “The Court holds that the mandate violates the Commerce Clause, but that doesn’t matter b/c there are five votes for the mandate to be constitutional under the taxing power.” Ah, that’s why CNN was reporting the mandate was struck down; it wasn’t, but there were five votes to say that the mandate exceeds the Commerce Clause power.