Virginia judge echoes Michigan judge in expanding federal power

Posted by Joseph Coletti at 07:40 AM

Far from ‘inactivity,’ by choosing to forgo insurance, Plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance. As Congress found, the total incidence of these economic decisions has a substantial impact on the national market for health care by collectively shifting billions of dollars on to other market participants and driving up the prices of insurance policies.

-Judge Norman Moon, yesterday

It's not your imagination. You have read this before.

Far from inactivity, by choosing to forgo insurance, plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now through the purchase of insurance shifting billions of dollars, $43 billion in 2008, onto other market participants.

-Judge Caram Steeh, October

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