As we discuss at various points in both 2301 and 2302, some conservatives have been trying to roll back the scale of the national government to what existed prior to the New Deal, and the argument presented in heath care reform cases might allow them the opportunity to do so, the question is whether they really want to go that far and create the disruptions such a decision would inevitably lead to.
Here's a suggestion that the activity / inactivity distinction might allow the court to make a statement regarding the outside limits of governmental actions without undermining the policies (Social Security, Medicare etc. . . ) that have been built up over the past few decades.
