Ilya Somin quotes, approvingly, this bit of pseudo-reasoning from Chief Justice Roberts:
The individual mandate, however, does not regulate existing commercial activity. It instead compels individuals to become active in commerce by purchasing a product,on the ground that their failure to do so affects interstate commerce. Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Every day individuals do not do an infinite number of things. In some cases they decide not to do something; in others they simply fail to do it. Allowing Congress to justify federal regulation by pointing to the effect of inaction on commerce would bring countless decisions an individual could potentially make within the scope of federal regulation, andâ€”under the Governmentâ€™s theoryâ€”empower Congress to make those decisions for him.
Only a robot can be “inactive” in the market for health care. If you were born in a hospital, or with the aid of a midwife, you have already been a consumer of health care. If you have a heart attack or a stroke or a psychotic episode, you will consume health care whether you want to or not, and settled law requires that it be provided to you even if you can’t pay.
Going without health insurance means deciding to stick the rest of us with the tab when you receive health care you can’t pay for. And that, Justice Scalia, is the difference between health insurance and broccoli.
Governor Romney – whose evil twin is now running for President – explains:
In our relief that Justice Roberts decided not to rock the boat, we shouldn’t forget that the entire case was based on nonsense.