[CWuestefeld]

But the eventual SCOTUS decision did determine that it's not covered by the Interstate Commerce Clause. So your explanation of Pelosi's laugh may illustrate what was going on in her mind (as well as most other legal scholars at that date), but it also shows that they were wrong in the final analysis.

The reason that ObamaCare survived wasn't because of the Interstate Commerce loophole. It was because SCOTUS determined that it's a tax, and thus came in through the power of Congress to levy taxes.

[Torgo]

In my cynical opinion Roberts wrote his finding as a tax to prevent being responsible for the ruling that found you could use interstate commerce to argue the government could compel you to actually _engage in commerce_ so that your activity could then be regulated, because inactivity affects the market. Ginsburg wrote a pissy rebuttal defending the Commerce Clause interpretation. It's almost comical she had to write a dissent for a decision in her favor simply because she loves the omnipotentCommerce Clause so fucking much.