"Several states are considering measures attempting to exempt their residents from an individual health insurance mandate. While such provisions may have a political impact, none is likely to have any effect on the legislation's constitutionality."

He's referring to how the court will likely rule on things to be constitutional or not. Obviously Barnett knows that the federal government is not authorized to exercise such powers under the constitution that the founders gave us, but is very direct in explaining that relying on a court challenge based on state sovereignty is going to be very difficult, at best.

If we get 38 states against this, the whole thing is dead, because at that point there's enough to calla con-con and kill it if needed. It should not have to get to that point if the courts have any brains and get it right on this one.