The US Supreme Court has upheld the health care law in 5 - 4 ruling . Stephen B. Presser : The ruling unduly expands the jurisdiction of the federal courts . He says chief justice 's turning to the taxing power to justify the law is disappointing . A tax measure is less politically palatable than an `` individual mandate , '' and had the penalty provisions of the individual mandate been frankly acknowledged to be a tax , it would have been more difficult to pass the act , perhaps even impossible , given the closeness of the margin by which it was enacted . Presser : It is now up to Congress to reconsider this unwise decision .
The US Supreme Court has upheld the health care law in 5 - 4 ruling . Stephen B. Presser : The ruling unduly expands the jurisdiction of the federal courts . He says chief justice 's turning to the taxing power to justify the law is disappointing . Presser : It is now up to Congress to reconsider this unwise decision .