
Because of the Commerce Clause!
The Political Orphanage
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The National Federation of Independent Businesses v. Sebilias
The case that ultimately came before the court was the national federation of independent businesses versus sebilias so it was actually a private organization rather than a state that had a challenge land at the supreme court. There were two things going on there was an argument about whether the government has the constitutional authority to compel you to purchase something and then what can the government punish you for not purchasing that right is it a penalty or is it a tax right? "I felt like the government was suddenly struggling with some post-hoc justification issues for passing the law"
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