It'll survive on the precedence set by previous rulings regarding the Interstate Commerce Clause. Basically, this is a quote from SCOTUSblog today,
" During Verrilli’s argument, the more conservative members of the Court initially seemed to be simply playing back the arguments that the challengers had made in their written briefs. But, as the hearing progressed, it looked increasingly as if those Justices actually were strongly tempted to accept those contentions (those of the government's, basically that most Americans were already users of health services, so they already were in the market, rather than being drawn into it by congressional command, and the only issue was when and how they would pay for the care they ultimately got.) If there was something of a surprise in this, it was the fervor of Justice Kennedy’s expression of his concerns (relating to the challenger's arguments)."
If Kennedy falters tomorrow, we'll be facing the probability that in our near future, the government will be able to dictate how and when and where we conduct commerce. How does .40 cents per kilowatt and $15 gasoline make you feel? After all, we all breathe the same air, it must fall under interstate commerce.
Hello 1984
