JBaldy, a majority of the court found that the individual mandate would not be constitutional under the Commerce Clause, but that it is constitutional, after all, under the government’s taxing power. That doesn’t mean they “found it unconstitutional” — they found that it was constitutional. That said, the Commerce Clause aspect of the ruling does represent a victory for those who want the Commerce Clause to be more narrowly read in general (ie, libertarians and state’s-rights people). As to the standing issue, in the state where I practice, once a law has been passed, anyone with an interest in the matter has standing to ask courts to rule it is unconstitutional. I haven’t read the whole decision, but I assume they explain the standing issues.
Menu