he first time the Supreme Court took a case on Obamacare, most supporters of the law responded with derision. Who could take seriously the argument that the “individual mandate” was unconstitutional? In fact, the conservative Supreme Court majority could—though Chief Justice John Roberts ultimately spared the law by reconstruing the penalty for failing to comply with the mandate as a tax within the power of the Congress to impose.
This time, however—now that the Court has decided to hear a challenge to the subsidies available for insurance purchased on the federal exchanges—the reaction among supporters has been different. “Panic” might go a little too far—until you reckon in the equally urgent calls among supporters for everyone not to panic. Continue reading