Dave Kopel summarizes the main Constitutional arguments against Obamacare quite nicely. I’ll summarize his summary:
- violates commerce clause of Constitution because it is an individual mandate.
- violates privacy rights by forcing disclosure of private information to a 3rd party
- violates the takings clause by forcing spending without due process
I would add that it violates the 5th amendment (equal protection) by not being applicable to all classes of people. For instance, only those 18 to 65 must purchase, others are covered by government programs.
If this isn’t struck down as unconstitutional then I don’t know why we have federal courts and a Constitution, because they obviously don’t care what it reads.