Challenged two key provisions of ACA: 1) Individual Mandate, and 2) Medicaid Expansion provision
1) Individual Mandate – Was this constitutional under Congress’ commerce power? No – CC does not empower Congress to compel individuals to engage in commercial activity (regulating inactivity). Slippery slope – at some point engage is not enough, could lead to Congress being able to mandate people to buy vegetables (really, bruh). Ultimately upheld the individual mandate, OK under Taxing – N & P clause. Interpreted penalty as a tax.
2) Can’t withhold. Severable from remainder of act, so left intact.
Dissent – Ginsburg – rational basis to believe uninsured population substantially affected interstate commerce, there was a reasonable connection to problem.