The first argument raised by opponents of the Act is that the Commerce Clause, by its own terms, only regulates commerce. Declining to get health insurance, they argue, is not commerce but rather refusing to engage in commerce. Therefore, they conclude, it falls outside the power of Congress to regulate. This argument is exceptionally weak. It was explicitly rejected in Gonzalez v. Raich, a 2005 case in which the Supreme Court held: “Congress can regulate purely intrastate activity that is not in itself commercial.” That holding was stated not just in the majority opinion, which Justice Kennedy joined, but also in Justice Scalia’s concurrence.