The shift moves the focus of Justice’s argument from the Commerce Clause of the Constitution to the Necessary and Proper Clause, which says Congress can make laws that are necessary for carrying out its other powers
The briefs give a long history of failed efforts to expand healthcare coverage and say the new law’s purpose was to reform the overall system.
“The minimum coverage provision is … necessary to achieve Congress’s concededly valid objective of reforming the interstate market in health insurance,” the Justice Department said in its first Supreme Court brief on the merits of the mandate.ROMNEYCARE PROVES THIS WRONG BECAUSE ROMNEYCARE PROVES THAT STATES HAVE THE POWER AND MEANS TO COVER THE UNINSURED IF THEY SO CHOOSE; THEREFORE A FEDERAL INTERVENTION IS NOT "NECESSARY".
LAWYERS CLEMENT AND CARVIN ARE WELL AWARE OF THIS AND HAVE MENTIONED IT IN TELEVISED DEBATES WITH THE OBAMACARE LAWYERS:
... Here's a full video of the debate:
MORE VIDEOS HERE.