In a stunning surprise by the high court it ruled 5-4 that the mandate is constitutional because of its taxing authority not in the commerce clause. The Obama administration had argued that congress had the authority under the commerce clause. Republicans argued it could only be legal under the taxing powers of the constitution.
However the tax provision of the would have made the bill impassable by many.
Many republicans believe that while this opinion was legal, it was still bad public policy and are bound to repeal it.
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