From the article:
“Virginia Attorney General Kenneth Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government’s reach.”
Regarding your list of supreme court justices, do you know their records when it comes to interpreting the commerce clause?
As you know, the Supreme Court, since the 1930’s has given the government extreme leeway in its definitions and discussions of the interstate commerce clause so as to avoid overturning federal legislation. Have the four “conservative” judges taken issue with that way of thinking? It would be quite an about-face on the part of the court to overrule Obamacare on that basis, given its prior deference, and would call into question a lot of other federal legislation, I would think.
i do not know their commerce clause positions...
and i agree that the clause has been given unbounded leeway. but this is fining for failing to engage in commerce. that would fit into the “no commerce clause”, but not the commerce clause - notwithstanding fining individuals for making a particular purchasing [or non purchasing] choice is way illegal. it’s way different.
no way commerce clause can be used to regulate this.
im uneducated o