(CNSNews.com) – Months before the $1-trillion health care overhaul legislation passed, White House Press Secretary Robert Gibbs dismissed the possibility of a constitutional challenge.

“I won't be confused as a constitutional scholar, but I don't believe there's a lot of -- I don't believe there's a lot of case law that would demonstrate the veracity of what they're commentating on,” Gibbs told CNSNews.com in October 2009, when he was asked if the health care bill was constitutional.

Today, there is case law...