Except that the Governments intrusion into commerce is limited to interstate commerce. Insurance providers are prohibited form interstate competition. Therefore the commerce clause is moot!

Quote Originally Posted by Bren122 View Post
what COULD it be challenged under- congressional over reach and states rights? Health has been traditionally viewed as an area of states control. Medicare and Medicaid are much more limited than the proposed reforms and may not wholly serve as a precedent; by contrast they do establish a precedent of federal input into the health system.
the government could counter-argue that it has the power to introduce the reforms under the commerce clause- it does seem to be a more solid argument.

Roe v Wade was not decided on choice per se but on the government's rights to interfere with that choice. it guarantees that a person can not be prevented from having an abortion but subsequent decisions have established that it is not an open ended matter- the states can have some say on when and how that abortion is performed.