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Florida v. Department of Health and Human Services

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
11-400 11th Cir. Mar 28, 2012
Tr.Aud.
TBD TBD TBD OT 2011

Issue: (1) Does Congress exceed its enumerated powers and violate basic principles of federalism when it coerces States into accepting onerous conditions that it could not impose directly by threatening to withhold all federal funding under the single largest grant-in-aid program, or does the limitation on Congress‘s spending power that this Court recognized in South Dakota v. Dole, 483 U.S. 203 (1987), no longer apply? (One hour of argument time allotted on this question.) (2) To what extent (if any) can the individual mandate provision of the Affordable Care Act be severed from the remainder of the Act? (Consolidated with National Federation of Independent Business v. Sebelius for ninety minutes of argument on this question.)

Plain English Issue: (1) Whether Congress can require states to choose between complying with provisions of the Patient Protection and Affordable Care Act or losing federal funding for the Medicaid program; and (2) whether, if the Court concludes that the provision of the Act requiring virtually all Americans to obtain health insurance or pay a penalty is unconstitutional, the rest of the Act can remain in effect or must also be invalidated.

SCOTUSblog Coverage

Briefs and Documents

From the Oral Argument
  • SCOTUSblog's highlights from the argument audio are here.
Merits Briefs for the Florida and the Private Petitioners Regarding Severability Amicus Briefs in Support of Florida and the Private Petitioners Regarding  Severability Merits Briefs for the Department of Health and Human Services Regarding Severability Amicus Briefs in Support of the Department of Health and Human Services  Regarding Severability Amicus Briefs in Support of Neither Party Merits Briefs for the Court-Appointed Amicus Amicus Briefs in Support of the Court-Appointed Amicus Merits Briefs for the State Petitioners Regarding Medicaid Amicus Briefs Supporting the State Petitioners Regarding Medicaid Merits Briefs for the Respondents Regarding Medicaid Amicus Briefs in Support of the Department of Health and Human Services on Medicaid  

Certiorari-stage documents