inevitably be in commerce were very closely approximately connected to commerce and the chief justice kept correcting the challengers when they would say this law forces people who would not be in commerce into commerce. the chief justice would correct them saying, no, that s not the government s argument. the government s position is people would inevitably enter into commerce. i do think i certainly was one of those who thought this was not a serious challenge. i was heartened by the fact that every really serious conservative judge agreed that this wasn t a serious challenge. judge silver man on the d.c. circuit, judge sutton on the ohio circuit, prominent conservative judges, judge wilkinson on the fourth circuit who wrote in the new york times all said this is an issue whether this is within commerce among the states and surely a regulation of one-seventh of the national economy is among
very closely approximately connected to commerce and the chief justice kept correcting the challengers when they would say this law forces people who would not be in commerce into commerce. the chief justice would correct them saying, no, that s not the government s argument. the government s position is people would inevitably enter into commerce. i do think i certainly was one of those who thought this was not a serious challenge. i was heartened by the fact that every really serious conservative judge agreed that this wasn t a serious challenge. judge silver man on the d.c. circuit, judge sutton on the ohio circuit, prominent conservative judges, judge wilkinson on the fourth circuit who wrote in the new york times all said this is an issue whether this is within commerce among the states and surely a regulation of one-seventh of the national economy is among commerce among the states.