Wickard

Even in Wickard, a decision that extended the Commerce Clause to its outer limits, the law at issue applied only to farms that produced at least 200 bushels of wheat.

The Volokh Conspiracy » Charles Fried on the Constitutionality of the Health Care Mandate 2010

The regulation in Wickard targeted wheat prices as its end effect.

The Volokh Conspiracy » Drawing Lines in the Commerce Clause Debate on Health Care Reform 2010

Can the supporters of the mandate really say that there no difference between regulating an activity, even non-commercial activity as in Wickard and Raich, and regulating non-activity such as the non-purchase of an approved health insurance plan?

The Volokh Conspiracy » Was the Individual Mandate a “Republican Idea”? 2010

But Wickard is not directly on point here, especially as it has been interpreted in more recent opinions (including Raich).

The Volokh Conspiracy » An Act for the Relief of Sick and Disabled Seamen 2010

Joe says: because under the law under consideration in Wickard, the regulated class of activity was not regulated in a comprehensive fashion

The Volokh Conspiracy » Was the Individual Mandate a “Republican Idea”? 2010

Can the supporters of the mandate really say that there no difference between regulating an activity, even non-commercial activity as in Wickard and Raich, and regulating non-activity such as the non-purchase of an approved health insurance plan?

The Volokh Conspiracy » Was the Individual Mandate a “Republican Idea”? 2010

Like the farmer in Wickard, respondents are cultivating, for home consumption, a fungible commodity for which there is an established, albeit illegal, interstate market.

The Volokh Conspiracy » Was the Individual Mandate a “Republican Idea”? 2010

But the simple proposition you state, in Wickard, while TRUE as a holding, is FALSE in application (in Wickard), because under the law under consideration in Wickard, the regulated class of activity was not regulated in a comprehensive fashion.

The Volokh Conspiracy » Was the Individual Mandate a “Republican Idea”? 2010

In upholding the constitutionality of the Controlled Substances Act, the Court considered this activity to be strikingly similar to that involved in Wickard:

The Volokh Conspiracy » Was the Individual Mandate a “Republican Idea”? 2010

The poor wheat farmer in Wickard was at least engaged in affirmative conduct – he was growing more wheat than he was allowed.

The Volokh Conspiracy » 13 States File Suit Against Health Care Reform 2010