The latest judge even found that your thoughts can be considered economic activity and therefore subject to regulation by Congress under the Commerce Clause:
First, the Court must consider whether the decision not to purchase health insurance is an “economic” one . . . or a “non-economic” one.So, if you decide not to purchase something...anything...you've affected economic activity and whatever you're thinking about may be regulated by Congress.
. . .
As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power…. However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not “acting,” especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality.
That argument is not going to fly with the Supreme Court. Using that level of twisted logic Congress would have unfettered ability to regulate ANY activity by ANY citizen. The Constitution clearly doesn't allow that.
2 comments:
This argument makes children and infants economic actors.
The individual mandate as such should be repealed since it denies the essential right of a person to make their own choices but the bill contains some very good provisions the repeal of which could cause a lot of problems to people suffering from serious medical conditions such as cancer.
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