An interesting question and I’m surprised that no one else has come up with it. Good one B3.
I thought the commerce clause dealt with interstate commerce. I know the old 1930s ruling that is really in question here deals with regulating a product that “could” affect interstate commerce had it actually been sold – or because it wasn’t. But – unless I missed something – no one seems to have noticed that health insurance does not fall under the commerce clause because we are not allowed to buy and sell health insurance across State lines. So, like those companies and States getting around Federal gun laws because they manufacture and sell only within their State, health care insurance is actually outside Federal authority for the same reason. Why hasn’t this been mentioned? I’m not a lawyer, but this would seem to be a slam-dunk beat down against the question of the constitutionality of Obama care.
And then there’s the matter of the clear and specific record…
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