“This same rationale would allow Congress to punish individuals for not purchasing a host of health-related products, such as vitamin supplements, the use of which could lower aggregate health costs,” the brief states. “Indeed, it is hard to imagine any private decision not to purchase a particular good or service that does not have some economic impact when aggregated among millions of people. Under that rationale, the government could mandate any commercial activity.”
The four GOP lawmakers missing from the brief are Sens. Scott Brown (Mass.), Jeff Sessions (Ala.), Mark Kirk (Ill.) and Lindsey Graham (S.C.).