beats me, but if that's what you're hanging your argument upon, i'd say you're fucked
good luck
It should be a no brainer. We have precedent to force citizens to pay for stuff, going back to our founding. The clear constitutional case is based on Article 1, section 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
Clearly, the unfunded mandate of 1792 is authorized for "common defense." Just as clear, Obamacare (I'm really starting to love that word), is granted power under "general welfare".
It's certainly to the common good (or general welfare) that the American citizens not have to bear the brunt of high healthcare costs, because law forces emergency rooms to not turn away crazy old bag ladies who were hit by drunk drivers.
What my argument does do, is show the morons where the power of congress can be found in the constitution. It does show they have their heads up there asses claiming that Obamacare is unconstitutional, because it forced people to buy something. That issue was settled in 1792, by our founders.