I don’t know what “posters” have said, but I do know what the SCOTUS opinion said:
“Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited andenumerated powers. The individual mandate thus cannot be sustained under Congresss power to ‘regulate Commerce.’ “
You are most welcome to disagree, but in my book that’s slapping down a fradulent use of the Commerce Clause, and I appreciate it.
Not all the 5 Justices slapped it down so it is not binding
Search the threads something about dicta
Mark Levin on his Friday show explained in great detail how the Commerce Clause was NOT touched at all. Levin was very upset with some on the right pushing this outright lie.
Levin's show from last Thursday and Friday was quite an educational experience. He stated he read through through the entire ruling three times.
Levin stated that there is absolutely NO silver-lining in this ruling. At best, he said it will take many decades to undo the damage from the precedent set down in this ruling.
Post 266 has a link to the segment where Levin discusses how the Commerce Clause was not touched. Check it out.
Guess what, though. We got Obamacare and the mandate to go with it. It's just that it's partly based on I.8.1, instead of entirely on the Commerce Clause. The bottom line is that the reach of fedgov just got longer thanks to Roberts, Kagan et al.