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.
In assuming the contrary, the lower courts have relied on a single erroneous U.S. Supreme Court decision, U.S. v. South-Eastern Underwriters Association. Since the case is standing precedent, lower courts must follow it. However, when the cases challenging the recent health care legislation reach the Supreme Court, the justices should begin by overruling that case.
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