If the Supreme Court strikes down some or all of the Affordable Care Act (ACA) this month,
the negative consequences will be several and serious. The ACA guarantees access to affordable health insurance to roughly 40 million Americans who otherwise could not afford it — people who do not obtain insurance through their employer, Medicare, or Medicaid. If the court invalidates the ACA, someone who loses a job (and thus her insurance) and becomes ill is in financial peril. She likely will be denied new coverage based on her preexisting condition.
It would be one thing if our Constitution prohibited Congress from addressing this awful situation with the ACA. But this is exactly the kind of problem that our Constitution empowers Congress to solve.
Since the 1930s, the Supreme Court has recognized that the Constitution gives Congress robust authority to address interstate economic problems.