Wednesday, June 29, 2011

The critical quote

From Judge Sutton's opinion:

"No one is inactive when deciding how to pay for health care, as self-insurance and private insurance are two forms of action for addressing the same risk. Each requires affirmative choices; one is no less active than the other; and both affect commerce." (P.45)

Hence, Congress is not regulating inactivity, and the minimum coverage provision, as it regulates economic activity, is constitutional.