It's a bird...it's a plane...no, it's a MANDATE! (But is it really a TAX?)

Patient Protection and Affordable Care Act:

Remember when the Commerce Clause challenge to the individual insurance mandate was dismissed by all serious and knowledgeable constitutional law professors and Nancy Pelosi as “frivolous”? Well, as Jonathan notes below, the administration is now apparently telling the New York Times that the individual insurance “requirement” and “penalty” is really an exercise of the Tax Power of Congress...

So Much For the Commerce Clause Challenge to Individual Mandate Being “Frivolous”

Heh heh: When the judge asked the Department of Justice lawyers where the money collected from the states would go, they answered “Into the general fund.”

Be honest: Do any of you out there really believe that old "general fund" line anymore???

Health Care Hearing held today in Virginia
JUDGE PROMISES DECISION WITHIN 30 DAYS

Why Elena Kagan will block the repeal of Obamacare if she gets on the Supreme Court

She singled out for disdain the High Court's 1995 ruling in U.S. v. Lopez, which is a seminal case in limiting Congress's power under the Commerce Clause. . .

If Ms. Kagan disdains Lopez, she is all but certain to rule against the states on ObamaCare. On this point, someone should ask Ms. Kagan whether Congress has the power to force individuals to buy certain cars—say, Chrysler's, now that the U.S. taxpayer has bailed out that auto maker?

WSJ: Read the whole thing

AGs filing lawsuits around the country must see some prospects for victory in court action

In an exclusive interview with Hot Air, Van Hollen explains how he plans to proceed once authorized to act, whether that happens now or after the next election in November:...The AGs filing lawsuits around the country must see some prospects for victory in court action; Van Hollen explains why they believe it. The key: Van Hollen thinks that the courts may be looking for a case that will allow them to curtail Congress’ increasingly expansive treatment of the Interstate Commerce Clause. Be sure to watch the entire interview.

Exclusive: Interview with Wisconsin AG on ObamaCare lawsuit