I should add that, in my view, what district courts do with the individual mandate is essentially irrelevant for all but political purposes. The issue in this case is legal, not factual, and an appeal is guaranteed. This means all of the district court decisions are just for show, and the real issue is whether any circuit court panels will get a majority to vote against the mandate, survive en banc challenge, and therefore create a split that prompts Supreme Court review. I personally doubt they will, and I would guess that the Supreme Court won’t review the issue without a split. If the Supreme Court does take the case it seems like a likely 8–1 to me, with Justice Thomas dissenting.
Kerr thinks that The Regime's achievement will survive, and if I read him correctly it won't even be a race.
OK. Back to Square One: