SCOTUS ruled this week that the feds can continue to imprison federally held "sex criminals" once their sentence is served.
In doing so, the Court deep-sixed interstate commerce legal challenges to the healthcare mandate.
That would include Florida's legal challenge, filed by Attorney General and Republican Governor wannabe, Bill McCollum, upon passage of healthcare reform..
As reported by the L.A. Times, High court's sex offender ruling endorses federal authority, 5/17/10):
The Supreme Court set a potential blueprint Monday for upholding the recently enacted healthcare law and its mandate that all Americans have insurance, saying Congress has a "broad authority" to pass laws that are "rationally related" to its constitutional aims.
The Constitution not only gives Congress the power to regulate interstate commerce, the justices said, but the authority to enact all laws that are "necessary and proper" to carrying out this authority.
(...)
Although the Constitution does not say that Congress can establish crimes or prisons, Breyer said, Congress can regulate interstate commerce — and most federal crimes, such as drug trafficking, have a clear interstate link. So if Congress can send criminals to prison, it can also require that they be held indefinitely if they are deemed dangerous, he said.
Quoting 19th century Chief Justice John Marshall, Breyer said Congress may use "all means which are appropriate" to carry out its constitutional powers.
(...)
Only Justices Clarence Thomas and Antonin Scalia set out the small-government theory of congressional power voiced by those challenging the constitutionality of the health insurance mandate. Thomas said Congress had only the "powers enumerated in the Constitution," and holding prisoners beyond their terms goes beyond a specific enumerated power.
McCollum's lawsuit deals with "...whether Congress can regulate inactivity — in this case by levying a tax penalty on those who do not obtain health insurance. "
And the Court's ruling pretty much indicates that yeah, Congress certainly can.
What goes around usually comes around. And usually, out of left field.