"You are not regulating health care, you are regulating insurance. it's the insurance market that you are addressing and you are saying that some people who are not in it must be in it. and that's," said Justice Scalia.
"That's different from regulating in any matter, commerce that already exists out there."
"Here, the government is saying that the federal government has a duty tow tell the individual citizen that it must act," said Justice Kennedy, "and that is different from what we have in previous cases."