The reasoning that the absence of engaging in commerce is itself commerce

is the radical position in this case.

It expands purview beyond all limits. The issue isn't that Congress has wide latitude to regulate trade, but what is considered trade. If you're breathing air in the US, the gov can compel you to purchase any private product. Roberts gave the only possible alternative that was acceptable couching his support in the ability of the gov to tax. It isn't how the individual mandate was set up, nor how the case was argued, but it's the only way it can be justified.

It's Kennedy's retirement that everyone fears, but he was solidly against the individual mandate.

But I remember this never ending back and forth fondly from years ago.

[Post edited by Hoo05Dave at 07/12/2018 11:51AM]

(In response to this post by WahooRQ)

Posted: 07/12/2018 at 11:42AM

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