The Washington Times has an excellent, if concerning, story, explaining why some Republican-appointed Supreme Court Justices might just vote to uphold Obamacare.
Obviously, this is highly problematic for opponents of the law. If even one Republican-appointed justice votes to uphold the law, it will likely stand. This is because, as the Times explains, “while nobody doubts how the four Democrat-appointed justices will decide, there is no such certainty on how the Republican appointees will rule in the case…”
Simply put, the Democrat-appointed bloc will support the law. The question, then, is whether any of the five Republican-appointed justices peel off.
And, based on similar past decisions, it seems plausible that at least one might join with the Democrat-appointed bloc:
[I]n the court’s last major test of the commerce clause, the 2005 case Gonzales v. Raich, Justices Kennedy and Scalia handed more muscle to the government than some conservatives would like, agreeing with the majority that growing marijuana for personal use is economic activity that Congresscan regulate.
… both sides agree that Justice Kennedy is even more likely to uphold the law.
Some have speculated that Chief Justice John Roberts would join with the majority opinion, in order to avoid a 5-4 decision.
Regardless, those who oppose Obamacare (and believe it to be patently unconstitutional) still have good reason to fear the court might vote to uphold the law.