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NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS

Docket No.: 11-393
Certiorari Granted: 12/05/11
Argued: March 21, 2012
Decided: 06/04/12
Consolidated with: CONSOLIDATED WITH 11-400 FOR A TOTAL OF 90 MINUTES ORAL ARGUMENT.

Topics:

Affordable Care Act, Anti-Injunction Act, Article I, Bankruptcy, Bankruptcy Code, Bill of Rights, Commerce Clause, Double Jeopardy, Due Process, EPA, ERISA, Employee Retirement Income Security Act, Federal Taxation, Federalism, Fifth Amendment, First Amendment, Health Care and Education Reconciliation Act, Indians, Internal Revenue Code, Medicaid, Medicare, Necessary and Proper, Patient Protection and Affordable Care Act, Social Security Act, Supplemental Security Income, Supremacy Clause, Tenth Amendment, Twenty-First Amendment, background checks, child labor, immigration, pension plan, preemption, public schools, separation of powers, willful violation

PartyNames: National Federation of Independent Business, et al. v. Kathleen Sebelius, Secretary of Health and Human Services, et al.
Petitioner: National Federation of Independent Business, et al.
Respondent: Kathleen Sebelius, Secretary of Health and Human Services, et al.

Court Below: United States Court Of Appeals For The Eleve
Citation: 648 F. 3d 1235

National Federation of Independent Business, et al.
v.
Kathleen Sebelius, Secretary of Health and Human Services, et al.
Background:

Congress effected a sweeping and comprehensive restructuring of the Nation's health-insurance markets in the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 109 (2010) (collectively, the "ACA" or "Act"). But the Eleventh Circuit and the Sixth Circuit now have issued directly conflicting final judgments about the facial constitutionality of the ACA's mandate that virtually every individual American must obtain health insurance. 26 U.S.C. § 5000A. Moreover, despite the fact that the mandate is a "requirement" that Congress itself deemed "essential" to the Act's new insurance regulations, 42 U.S.C. § 18091(a)(2)(I), the Eleventh Circuit held that the mandate is severable from the remainder of the Act.

Question Presented:

The question presented is whether the ACA must be invalidated in its entirety because it is non-severable from the individual mandate that exceeds Congress' limited and enumerated powers under the Constitution.

Note:

H. BARTOW FARR, III, ESQ. IS INVITED TO BRIEF AND ARGUE THESE CASES, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT OF THE COURT OF APPEALS THAT THE MINIMUM COVERAGE PROVISION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, 26 U.S.C. §5001, IS SEVERABLE FROM THE ENTIRETY OF THE REMAINDER OF THE ACT.

Holding: affirmed in part and reversed in part
Vote: 5-4
Majority: Chief Justice Roberts, Ginsburg, Breyer, Sotomayor, Kagan
Dissenting: Scalia, Kennedy, Thomas, Alito
Read NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS opinion (PDF)
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