Appellants have not argued that health care and health insurance are uniquely state concerns, and decades of established federal legislation in these areas suggest the contrary.
Appellants have sought to avoid this logic by asserting that even if one could be obliged to buy insurance when one sought medical care, one cannot be obliged to keep it.
He added that liable appellants would be charged regardless of whether or not their appeals are successful, because the system would still have incurred running costs whatever the outcome of the appeal.