http://www.uscourts.gov/uscourts/courts/ca11/201111021.pdfPretty epic opinion, and well-founded, IMO.
Some quotes:
"Even in the face of a Great Depression, a World War, a Cold War, recessions, oil shocks,
inflation, and unemployment, Congress never sought to require the purchase of
wheat or war bonds, force a higher savings rate or greater consumption of
American goods, or require every American to purchase a more fuel efficient
vehicle."
"From a doctrinal standpoint, we see no way to cabin the
government’s theory only to decisions not to purchase health insurance. If an
individual’s mere decision not to purchase insurance were subject to Wickard’s
aggregation principle, we are unable to conceive of any product whose purchase
Congress could not mandate under this line of argument."
"Ultimately, the government’s struggle to articulate cognizable, judicially
administrable limiting principles only reiterates the conclusion we reach today:
there are none."
