Dismissal Refused

A federal judge has refused to dismiss Virginia's lawsuit against the new healthcare law. He writes:

While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate — and tax — an individual’s decision not to participate in interstate commerce. Neither the US Supreme Court nor and federal circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product...

Can Congress create a tax to apply
to a person's decision not to buy?

Their power is overgrown.
Like grass, it should be mown.