Those who claimed that Obamacare violated the Commerce Clause were right. From the Supreme Court ruling:


People, for reasons of their own, often fail to do things that would be good for them or good for society. Those failures—joined with the similar failures of others—can readily have a substantial effect on interstate commerce. Under the Government’s logic, that authorizes Congress to use its commerce power to compel citizens to act as the Government would have them act. That is not the country the Framers of our Constitution envisioned.



Indeed. But, the majority wanted the policy. So, they rewrote the law to make it a tax case.  That is what is known as judicial legislation.

Articles by Wesley J. Smith

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