And here's another: a friend of mine recently pointed out that the individual mandate is less like requiring people to buy broccoli and more like making it harder for people in a restaurant to run out without paying their bill and forcing other customers to fork it over.
The deeper issue here is that of legitimacy. I wonder whether the current majority on the US Supreme Court is totally overcome with partisan frenzy or whether it might be able to take a long view and recognize that being perceived as being totally biased totally undermines the whole idea of having a Supreme Court to start with.
I guess we'll see soon enough. I'm not sure, alas, that the smart money is on the long view.