The title of your post isn't far off for another reason. Here's Judge Gladys Kessler's "reasoning" in Mead v Holder:
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.
and
...the Court concludes that a decision not to purchase health insurance is an "activity."
Thus, our very thoughts are behavior subject to...taxation. At least under the convoluted pretzeling of Kessler and Chief Justice John Roberts.
The title of your post isn't far off for another reason. Here's Judge Gladys Kessler's "reasoning" in Mead v Holder:
ReplyDeleteAs 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.
and
...the Court concludes that a decision not to purchase health insurance is an "activity."
Thus, our very thoughts are behavior subject to...taxation. At least under the convoluted pretzeling of Kessler and Chief Justice John Roberts.
Eric Hines