This would be coercion and illegal. Also take a peak on one of those Federal Reserve Notes in your pocket, "this is legal tender for all debts public and private".
No, it wouldn't be illegal. They could make it part of your licencing requirement that you must accept insurance.
They won't do that. But if they wanted, they could.
Secondly, I don't understand the big deal about individual mandate. Since the sixteenth amendment, the government has always had pretty much unlimited taxing power:
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
Wanna change it? You need an amendment.
The dissent in this case dealt with whether the current law as written was
written as a tax, and
not about whether the tax would be legal. It is a given, and accepted by everyone that such a tax would be legal. No conservative or liberal justice has argued that if Congress were to enact a tax on not buying or buying health insurance, that it would be illegal. Just read the dissent - they accuse the majority of rewriting the statute as a tax so that it would be legal. The conservative justices argued that Congress did not write it as a tax, and did not mean it to be a tax and therefore it is invalid under the commerce clause. It is not applicable under the taxing power because it wasn't written as such.
If it was written in a way that explicitely made it a tax, there would be no legal controversy (but the Democrats didn't want to write it that way because due to the political downsides of calling it a tax).
This supreme court did not expand the power of the federal government - if you agreed with the four dissenting conservative justices, the supreme court made something into a legal tax when it should have been an illegal exercise of the commerce power. According to the four liberal members, this act would have been legal under the commerce power as well. Roberts agreed with the conservative justices that this was illegal under the commerce power but said that since it is in fact a tax, it's legal under the taxing power.
If the democrats had explicitly made it a tax, there would be no legal grounds by anyone to overturn it.
I personally support Obamacare, but I thought they wrote the statue not as a tax so I disagree with the tax reasoning of the court even though I would have supported the decision under the commerce clause.
if we're going to argue about something, let's at least get the facts straight shall we?