GOP's best bet is commerce clause
Want even more on the legal challenge by Tom Corbett and others on health care reform? TPM has a great story here going over the arguments, and saying the strongest challenge will be on the commerce clause (even if it's still an uphill battle for conservatives):
This argument isn't, as some reform supporters may wish to see it, merely a bizarre and desperate concoction of the far-right wing -- akin, for instance, to the pseudo-legal arguments advanced by "Constitutionalists" for why Obama's presidency is illegitimate. Over the last six months, it's been embraced by several respected conservative legal scholars. And more importantly, an emerging jurisprudence from the conservative court does show a willingness to limit the scope of the Commerce Clause.
Last September, David Rivkin and Lee Casey, former Justice Department lawyers during the Reagan and Bush 41 administrations who played prominent roles in support of the Bush 43 administration's detention policies, noted in a Wall Street Journal op-ed that in a 1995 case, U.S. v. Lopez, the Supreme Court invalidated a law that made it a crime simply to possess a gun near a school, holding that the law did not "regulate any economic activity and did not contain any requirement that the possession of a gun have any connection to past interstate activity or a predictable impact on future commercial activity." Likewise, Rivkin and Casey wrote, a health-care mandate also wouldn't regulate any "activity." "Simply being an American would trigger it." (Late Update: Rivkin and Casey are listed on the lawsuit (pdf) as "of counsel" to the plaintiffs.)

