But the Commissioner discarded this as an irrelevant argument, since the panel had not existed at the time in April 2009 when the BBC's request was made.
Anargument can be made that since the donut hole in pharmaceutical coverage for seniors is not completely filled until 2020, Medicare Advantage is still of considerable importance to our seniors.
But that disqualification from an economic activity is worlds apart from an individual mandate, especially since the Commerce Clause argument is couched in terms of economic liberties, anyhow.