There is more to the Constitution than the Commerce Clause but as he points out you need activist judges to push this down the throat of the American people.
President Obama's appointee to the Consumer protection bureau Richard Cordray is a staunch supporter of Obamacare. He has said the lawsuits against the legislation were "frivolous" because of the commerce clause.
Cordray, before his recess appointment to the Consumer Financial Protection Bureau, served as the Attorney General of Ohio and declined to file a lawsuit against Obamacare like many other states in the nation. He explains his reasoning of why this is a "pretty frivolous" lawsuit in an interview with Capitol Square, a program that airs in Ohio. Transcript of they key portion of the interview is below.
"The commerce clause claim is pretty frivolous under standing jurisprudence prudence. It goes back 70 years where the court has held that any legislation that affects the national economy, even if it affects matters that are not economic themselves, that have incident effects on the economy. And healthcare insurance clearly does. It is [a] valid exercise of Congressional authority.
"I think that disagree with this law, and I understand there's deep disagreements and it's a complicated law and I'm sure that over time some pieces will work and some pieces will not, and they'll have to go back and revise and tweak it. If they want to continue to battle on this, it should be in the political arena. We don't typically go to the courts and ask the courts to micromanage the democratic process. I don't think that is a good expenditure of taxpayer resources. As I said, the lawsuit will go forward but Ohio will not be part of it."
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