Thomas, Kennedy and Alito eviscertate the majority, saying in part:
<DIR>Here, however, Congress has impressed into service third parties, healthy individuals who could be but are not customers of the relevant industry, to offset the undesirable consequences of the regulation. Congress? desire to force these individuals to purchase insurance is motivated by the fact that they are further removed from the market than unhealthy individuals with pre-existing conditions, because they are less likely to need extensive care in the near future. If Congress can reach out and command even those furthest removed from an interstate market to participate in the market, then
the Commerce Clause becomes a font of unlimited power, or in Hamilton?s words, "
the hideous monster whose devouring jaws . . . spare neither sex nor age, nor high nor low, nor sacred nor profane." The Federalist No. 33, p. 202 (C. Rossiter ed. 1961).</DIR>Excerpt from:
http://market-ticker.org/akcs-www?post=207908#discuss
