I cannot find a link but the April issue of The New Yorker includes an interesting letter to the editor from Bruce Brown, former law clerk to Chief Justice Warren Burger. He was writing in response to a Jeffrey Toobin piece in the New Yorker on the oral argument of the health care case at the Supreme Court. Brown wrote that there is an argument out there that if the individual mandate requiring purchase of health care insurance is unconstitutional that any plan to "reform" Social Security which contains a mandatory contribution to an investment owned by the contributor may also be unconstitutional. A mandatory contribution seems to be an integral part of all the Social Security "reform" plans proposed by the right.
Update: One right wing proponent of privatization, Andrew Biggs,
seems to concede that if the health care mandate is unconstitutional that Social Security privatization would be even more unconstitutional since Social Security privatization could not be justified under the Constitution's commerce clause. What Biggs openly wants, however, is for the courts to find
all of Social Security unconstitutional. Right wing schemes to "reform" Social Security are all aimed at undermining and ultimately destroying Social Security.