HSA's and Commerce Clause

In today's WSJ editorial on HSA's was this paragraph expanding on my previous post:

Equally important is creating a national market for individual insurance. Right now employers large enough to "self insure" can do so mostly as they see fit. But individuals and small businesses who want to buy insurance are at the mercy of state regulators where they live or operate. In overregulated states like New York and New Jersey, residents can pay 10 times as much for insurance as they would in neighboring states, and might not even be able to buy the high-deductible insurance necessary for an HSA. Individually purchased insurance also isn't portable across state lines, contributing needless anxiety to normal life decisions like moving or switching jobs.

The Founders put the Commerce Clause in the Constitution precisely so Congress could act against internal restraints on trade such as today's 50-state insurance market. We hope Mr. Bush endorses and fights for the bill from Representative John Shadegg of Arizona that would let individuals buy insurance from vendors in any state, no matter where they live.

Of course using the Commerce Clause for what it was meant might be against the rules of a living Constitution.