“Some highlights of the 79-page brief, based on our very early reading:
The minimum coverage provision is within Congress’s power to enact not only because it is a necessary component of a broader scheme of interstate economic regulation, but also because, within that scheme, the provision itself regulates economic conduct with a substantial effect on interstate commerce, namely the way in which individuals finance their participation in the health care market.
Congress’s taxing power provides an independent ground to uphold the minimum coverage provision.
The Act’s minimum coverage provision is a particularly well-adapted means of accomplishing Congress’s concededly legitimate ends. It is necessary to effectuate Congress’s comprehensive reforms of the insurance market, and is itself an economic regulation of the timing and method of financing the purchase of health care services . . . Its links to interstate commerce are tangible, direct and strong.”
If the underlying facts of the Obamacare legislation had been the basis of a final exam essay on Constitutional Law when I was in law school, and had I turned in this drivel for an answer, my professor would have given me, at best, a C-.
This brief is little more than cover for the leftists on the bench to hide behind. If Justice Kennedy falls for this tripe then he is sadly unqualified to hold his seat any longer.
Perhaps it's time to readdress the constitutionality of the Interstate Commerce clause....