When Chief Justice John Roberts upheld the Affordable Care Act’s individual mandate under the taxing power, and thereby salvaged most of the law, his stated goal was to remove the U.S. Supreme Court from the political arena. But, as with all pieces of major social-welfare legislation, “Obamacare” is destined to keep plenty of lawyers occupied as it comes before the court again and again.
Forget Hobby Lobby and other challenges to the contraceptive mandate. Those cases are important for religious liberty but don’t threaten Obamacare’s operation. Instead, what the Supreme Court now faces is a steady stream of lawsuits against the complex web of subsidies and penalties at the heart of the health care scheme.
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