Primus on the Activity-Inactivity Distinction in NFIB v. Sebelius

Richard Primus (University of Michigan Law School) has posted The Most Revealing Word in the United States Reports (The Green Bag, Forthcoming) on SSRN.  Here is the abstract:

If you read 567 U.S. 648 carefully, you will find a single word that suggests an important weakness in the idea that Commerce Clause doctrine, properly understood, recognized a distinction between action and inaction prior to NFIB v. Sebelius.

LOL