Congress Can Regulate Your Thoughts →
That, at least, appears to be the logical outcome of Tuesday's ObamaCare ruling, from Judge Gladys Kessler, of the D.C. District Court.
As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress's power…. However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not "acting," especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality.
So, if you don't make the "right" choice on your own, Congress can step in to mandate that you do make the right choice. If that's not thought regulation, I don't know what is.
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