The Wall Street Journal had some coverage of this last week but it's also worth a look at Rich Lowry's National Review column on Judge Gladys Kessler's pro-ObamaCare ruling:
It's the most self-undermining defense of the constitutionality of a dubious statute since then–solicitor general Elena Kagan told the Supreme Court that under campaign-finance reform, the government could ban certain pamphlets. Kessler, like Kagan before her, does everyone the favor of clarifying the issue.
Judge Kessler writes, "It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something."
