Justice Antonin Scalia indicated deep skepticism with the individual mandate during Tuesday’s oral arguments.
He probed what the limits are if government can force people to purchase a good, and even brought up the hypothetical “broccoli” mandate that conservatives often invoke.
Scalia indicated that he believes the mandate may be “necessary” for regulation of economic activity with regard to insurance, but not necessarily “proper.”
He didn’t offer any hints that he’s sympathetic to the provision.
