Since every pundit in America is guessing what SCOTUS will or will not do on ObamaCare this year, I might as well give me take on this big challenge to all Americans liberty interest.
First of all, SCOTUS hedges and gives lots of rhetoric in some monstrous opinion. Their first piece of rhetoric will be somewhere along the lines of the 3 branches of government.
This means ObamaCare will result in SCOTUS not making much of a decision stating Congress and the executive branch under the President as seperate branches of the government have the right to pass laws, no matter how silly or how much they interfere and are in direct contradiction to the United States Constitution.
Second, SCOTUS may delegate that states have the right to vote and either approve ObamaCare as written. This way, SCOTUS will avoid being blamed in an unclear and undecipherable burden shift back to each state to spend a lot of money and time to avoid ObamaCare if they want to go to all that work and effort preserving state sovereign rights.
Third, SCOTUS will hedge a lot in their final opinion on ObamaCare. Their opinion will be so confusing, the rest of us will spend decades trying to understand what exactly did SCOTUS mean-it will appear to both sides equslly they both won and lost.
So even after SCOTUS decides ObamaCare, there will remain clouds of mystery as most of us will remain just as confused after SCOTUS writes their opinion.
In about 50-60 years, around 2060, SCOTUS will reverse whatever decision they make this year. Just like Plessy v. Ferguson, being reversed by Brown v. Board of Education-seperate but equal schools kind of decision. Or, Roe v. Wade-another decision by SCOTUS that will be reversed. Just a matter of time.
Finally, the court will be split 5-4, favborable for ObamaCare; but must be further refined and narrowly tailored federally, limited only to one case; while forcing states that do not like it, to do a heck of a lot of work to get rid of ObamaCare seperately.
SCOTUS justices like to be just like a King Solomon-cut the baby in half whenever two competiting interests cannot reach a compromise amongst themselves. Making decisions as complicated as humanly possible, keeping everyone confused resulting in the typicial citizen stating, WTF does this mean for decades.
My best pundit guess-this is what I am guessing SCOTUS will do-make an opinion that is anything but clear. Then, the justices will just sit around around laughing a lot about how they avoided doing much of anything, leaving the rest of us in this nation confused as much as we were before SCOTUS decided something.