[Ghoulish Delight]

Hmm, what about a slight change of tactic.

Instead of saying, "You must buy insurance or you have to pay a penalty," what about, "We are changing tax law so that everyone owes X amount more in taxes [where X=the amount of the penalty], but you receive a tax credit if you have purchased insurance." That seems more within the government's power, yes? Of course, even if it ends up being functionally identical, the odds of Congress passing something that includes the words "raise taxes" are nil, so I guess it's a moot point.