• •
To Your Health
Jeffrey Toobin, The New Yorker
Capitalism |
Supreme Court opinions are usually thick with citations of prior cases, but the key section of [Chief Justice John] Roberts’s opinion [in National Federation of Independent Business v. Sebelius], which was seemingly inspired more by Ayn Rand than by John Marshall, has almost none: “Everyone will likely participate in the markets for food, clothing, transportation, shelter, or energy; that does not authorize Congress to direct them to purchase particular products in those or other markets today. The Commerce Clause is not a general license to regulate an individual from cradle to grave, simply because he will predictably engage in particular transactions.” But the A.C.A. does not “regulate an individual from cradle to grave”; it simply forces individuals to help pay for the medical care that they will almost certainly receive at some time in their lives.
Main Page