Here is a great summary of the possible issues which the court will weigh as presented by constitutional experts.
What the opponents are really claiming is that it is unconstitutional to make Americans pay taxes.
- The Supreme Court has never upheld a “tax” penalizing private citizens who refuse to enter into a contract with a private company
- Any state that does not want to expand Medicaid can simply drop the program entirely.
- If Congress can legislate this broadly, then there is no limit to federal power in every aspect of life.
Is the Health Care Law Unconstitutional? - Room for Debate Blog - NYTimes.com