In The National Law Journal,scholars David Kopel and argue that health insurance is not “commerce” as used in the U.S. Constitution. The article begins:
Although the federal district courts have split on whether people can be forced to purchase government-designed health insurance, they have assumed that Congress may constitutionally regulate health insurance in general. But that assumption is wrong: In fact, the congressional power to regulate “Commerce … among the several States” does not include authority to regulate health insurance. Under the Constitution, health insurance is a matter of state, not federal, jurisdiction.