...opponents have sought to invent new constitutional theories and dig up old ones that were rejected 80 years ago.Judge Henry Hudson claimed that the Affordable Care act extended beyond the historical reach of the Commerce Clause. But that doesn't matter to Holder and Sebelius. To them, inactivity can mean whatever they want it to mean, and the Constitution doesn't matter.
Opponents claim the individual responsibility provision is unlawful because it "regulates inactivity." But none of us is a bystander when it comes to health care. All of us need health care eventually. Do we pay in advance, by getting insurance, or do we try to pay later, when we need medical care?