Argument: Penalizing a non-act (not buying insurance) is unconstitutional
Robert A. Levy and Michael F. Cannon. Bill 'Reforms' Constitution." CATO Institute. December 11, 2009: "'Congress' attempt to punish a non-act that harms no one is an intolerable affront to the Constitution, liberty, and personal autonomy. That shameful fact cannot be altered by calling it health-care reform."
Sen. John Ensign, a Nevada Republican: "Anything we have ever done, somebody actually had to have an action before we could tax or regulate it."