The alleged justification for Obamacare’s insurance mandate is that it is permitted under the Constitution’s commerce clause. But Congress has never used that clause to punish people for NOT DOING SOMETHING. If upheld by the Supremes, it means that the government can force you to do anything.
It can, for example, fine you for not eating your vegetables. Senator Coburn used this very analogy (because it is deemed “improper” to ask about a real-world case that will probably end up before the Court) to press Kagan on the limits of congressional power. And her answer is pathetic:
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