Commerce Clause To The Rescue

Did anyone doubt that this would be coming? Here’s an opinion from a judge on the health care reform bill:

Citing the Roosevelt-era case that extended the Commerce Clause to regulate a farmer growing wheat for his home consumption, as well as the more recent ruling against home-grown medical marijuana, Steeh argued that all the government needs to do is prove that it has a rational basis to conclude that taken in aggregate, the regulated activity affects commerce. He ruled that in this case, “the costs of caring for the uninsured who prove unable to pay are shifted to health care providers, to the insured population in the form of higher premiums, to governments, and to taxpayers. The decision whether to purchase insurance or to attempt to pay for health care out of pocket, is plainly economic. These decisions, viewed in the aggregate, have clear and direct impacts on health care providers, taxpayers, and the insured population who ultimately pay for the care provided to those who go without insurance. These are the economic effects addressed by Congress in enacting the Act and the minimum coverage provision.”

My non-lawyerly read of this is that there is essentially nothing which the commerce clause would not cover–seeing that nearly all types of  human activity, taken in aggregate, affect commerce.

Let us work toward ensuring that this health care bill is repealed by the next Congress.

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