What are your thoughts on the "activity" vs. "non-activity" issue?
Chief Justice Roberts (plus the Scalia four) believe that the power to regulate Commerce does not include the power "to force individuals into commerce.," or as Scalia puts it, "to make mere breathing in and out the basis for federal prescription and to extend federal; power to virtually all human activity."
The Court says requiring individuals to purchase a product is unprecedented. Is it?
What about mandatory automobile insurance laws? Do these laws come from Congress or the states? Do they regulate inactivity? Or do they apply only to people who own and drive automobiles on public streets?
Is the decision to choose self-insurance instead of third-party health insurance an economic activity that substantially affects interstate commerce?
Are all 300 million Americans already active in heath care and financing health care?
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