CNN News Staffers Revolt Over Blown Coverage

[RBInMaine]

93. No, 4 justices said it WAS constitutional both under the commerce and necessary & proper clauses.

Read the whole ruling. The more progressive justices all said it was ok both under the commerce clause and the necessary and proper clause in addition to the taxation powers. Roberts said it was ok only under the taxation authority.

This law was clearly legal under all three theories. Under the commerce clause, Roberts and the other conservative justices said that it was not constitutional because it impelled commerce instead of regulating already-existing commerce. The more liberal justices said that under the commerce clause it was certainly constitutional because the healthcare market is very unique in that everyone, whether or not they have insurance, IS in this interstate market because anyone may need healthcare at any moment and everyone will absolutely need it at some point. It is not discretionary. And when someone doesn't have insurance but needs medical care, they will get it at emergency rooms which jacks up everyone else's premiums thus affecting interstate commerce given that many health plans are national plans, many people need healthcare when in other states, many go to other states for it, and the medications covered by insurance are an interstate market. They are exactly right. The healthcare market is unique and everyone is certainly a part of it whether or not they have insurnance.