He also asked if, under the interstate commerce clause, Congress can require people to buy broccoli.
Mainly he asked about the specifics of health insurance, including why healthy young people should buy something they likely won't use.
"Why do you define the market that broadly? Health care. It may well be that everybody needs health care sooner or later, but not everybody needs a heart transplant, not everybody needs a liver transplant," Justice Scalia said.
Broccoli, burials and cellphones seem silly. But four years ago, requiring everyone in the nation to buy health insurance seemed silly.
The individual mandate takes away individuality. Americans no longer will be citizens under this law, but rather subjects to be herded around by government.
Thy rod and thy staff comfort me.
"Here the government is saying that the federal government has a duty to tell the individual citizen that it must act, and that is different from what we have in previous cases and that changes the relationship of the federal government to the individual in a very fundamental way," Justice Kennedy said.
I have a feeling Kennedy will vote to stop that.
The Founding Fathers limited the central government for good reason.
They knew that the central government, if left unchecked, would expand its powers infinitely, and freedom would be lost.
That is why the Founding Fathers separated powers and installed checks and balances like the Supreme Court.
Judging by their questions, the justices are ready, aiming, and maybe they will fire.
We shall see.