Sunday, July 01, 2012

#SCOTUS and the Commerce Clause (#ACA)

This week has been a fascinating one with the Supreme Court (#SCOTUS) finally ruling on the Affordable Care Act (#ACA).

The conclusion seems to be:
- Congress can tax us and #ACA includes taxes (aka penalties)
- Congress can't compel individuals to purchase a product.

Justice Ginsburg is featured in the Huffington Post demolishing the Chief Justice's argument that the Affordable Care Act is constitutional in legislating inter-state commerce.

What is most interesting is the argument that IF Congress can't compel us to participate in commerce. ie. Buy health insurance, then how can Congress have the power to prohibit items from sale. 

Surely if Congress has limited powers around commerce it also limits their power to prohibit commerce. Surely the Supreme Court and Congress can't have it both ways....

The article is well worth reading.

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