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You are doing nothing. the commerce clause presumes the existence of not only activity but economic activity or activity that affects economic activity. he says doing nothing is quite a stretch to make that argument. >> greta: that is what, i assume attorneys generals in florida will be seizing upon as they read this decision. >> their first brief is due august 6th. >> greta: essentially doing nothing is not economic activity that can be regulated under the commerce clause. >> right. an interesting thing for people to think about is, if this is activity that can be regulated under the commerce...

Summary judgment things could be different. >> october 18th, after it is fully briefed we'll have the summary judgment argument. >> greta: what i saw was intriguing 32-page decision cautiously written the whole idea of the commerce clause. the commerce is when there's substantial effect on the different states on commerce. what the judge said and correct me if i'm wrong, i thought was interesting, requiring a mandate is not an economic transaction. >> right. >> greta: explain that. >> well, we have said and it is consistent with the judge's opinion, virginia's position is that ordering the pur...

Lose. and the judge said, with respect to the commerce clause argument that the individual mandate because the power of the commerce clause. the judge said this bill goes beyond the outer limits so far, of the supreme court. the wickerd case to be specific. he didn't say unconstitutional. but said this goes farther than anything ever has before. he said the same thing with respect to the taxing power. it may be constitutional but this goes farther than anything has before in the federal government seeking to have stamped as constitutional this power in this case the penalty for failure to purc...

Latest updates on this topic from reliable sources.

Latest updates on this topic from reliable sources.