Comment: JUSTICE KENNEDY: Can you

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JUSTICE KENNEDY: Can you create commerce in
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1 order to regulate it?
3 on here, Justice Kennedy, and
4 defend the law on that basis.
5 In this case, the
6 is the method of financing health, the purchase of
7 health care. That itself is economic activity with
8 substantial effects on interstate commerce. And -­
9 JUSTICE SCALIA: Any self purchasing?
10 Anything I -- you know if I'm in any market at all, my
11 failure to purchase something in that market subjects me
12 to regulation.
13 GENERAL VERRILLI: No. That's not our
That's not what's going we are not seeking to
-- what is being regulated
14 position at all, Justice Scalia. In the health care
15 market, the health care market is characterized by the
16 fact that aside from the few groups that Congress chose
17 to exempt from the minimum coverage requirement -- those
18 who for religious reasons don't participate, those who
19 are incarcerated, Indian tribes -- virtually everybody
20 else is either in that market or will be in that market,
21 and the distinguishing feature of that is that they
22 cannot, people cannot generally control when they enter
23 that market or what they need when they enter that
24 market.