Originally Posted by VRPdommy

Legally, I don't think that passes the test. Even at a penny.

The issue is the repealed the individual mandate. The requirement for everyone to buy/have medical insurance.

So you are left with imposing a penalty if you don't have what is no longer required.
So the SC will have to decide based on 2 presidents.
They have already determined that they do have the right to regulate interstate commerce and that is where they have the right to require everyone to buy it.
(i never liked this model but it works) So they have to weigh that aginst the recent repeal of that mandate.
I believe the court will rule the recent repeal as unconstitutuional as part of the required whole.

Me, thinking like the court based on the past on this issue would say to congress, repeal the whole, change it but the whole can not work without this part so the individual mandate must stand until you do it a different way.

Basically saying the republicans actions were unconstitutional and sending the issue back to congress to legislate a different method if they still wish to do it.

I don't know how this will be argued before the court, but this likely as 1 possibility.
I would advise anyone to read Justus Roberts opinion when this first came up.