Re:Uber Drivers Are Contractors, Not Employees, Labor Board ...
by js2 on Tuesday May 14, 2019 @10:45PM
(#19915983)
It was not justified via the commerce clause, but rather via congress's taxing powers:
The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.
https://en.wikipedia.org/wiki/National_Federation_of_Indepen...
I don't know the full history about why you cant buy health insurance across state lines, but I think it's a blend of different state's regulations and not wanting to be beholden to interstate commerce clause regulations (ironically, the provision that was used to justify the ACA mandatory insured or penalty as a tax ruling.)
I never have nor will understood how the interstate commerce clause was used to justify the ACA "tax". The mandate is effectively compelling intrastate commerce (I know of know interstate medical insurance available) under the guise of regulation interstate commerce. This seems to fly against the letter and intent of the constitution in regards to interstate commerce.