Steven Landsburg has made an argument showing that even though libertarians are against Obamacare, one should still have reservations for the judges to find it unconstitutional. Why is that? Because even though mandatory healthcare could be considered constitutional by the Commerce Clause, declaring it unconstitutional is judicial overreach, which is something that it antithetical to libertarians. So even though libertarians find it a bad policy, getting rid of it by an anti-libertarian action doesn’t make it any better. Some of the comments are thought provoking as well.