Thursday’s decision in Thomas More Law Center v. Obama is a short-term victory for President Obama’s health control law. Yet a close reading of the case suggests that the law may have a very tough time once it gets before the Supreme Court. …

The choice not to buy a federally-designed insurance product is not an activity at all. It is inactivity. Judge Steeh, however, said that not buying insurance is an “economic decision.” Which is true, since all inactivity, including not purchasing products, is in a sense an economic decision. If you’re sleeping, you’ve made the “economic decision” not to spend your time working to make money.

So according to Judge Steeh, Congress can use the interstate commerce power to force you to make the “economic decision” to buy a bureaucratically-designed insurance policy that you don’t want.