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View Diary: Lochner v. New York: The precedent for enemies of the Healthcare Affordability Act? (55 comments)

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  •  It certain does seem to be regulation of interstat (1+ / 0-)
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    Cartoon Peril

    commerce.  There is a national health care and health insurance industry that is subject to regulation.  The activities of those paritcipating in it (e.g., those receiving health care) clearly a) are part of that national, interstate economy and b) are having an impact on it.  Therefore, that conduct, as part of the interstate economy, is regulable.  

    It isn't a great solution, but where a persons conduct shapes and distorts interstate commerce, Congress would have to have authority to regulate it in order to regulate commerce.

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