National Federation of Independent Business v. Sebelius
Linked with:
- U.S. Department of Health and Human Services v. Florida
- Florida v. Department of Health and Human Services
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-393 | 11th Cir. |
Mar 28, 2012 Tr.Aud. |
TBD | TBD | TBD | OT 2011 |
Issue: Whether the Affordable Care Act must be invalidated in its entirety because it is nonseverable from the individual mandate that exceeds Congress’s limited and enumerated powers under the Constitution. (Consolidated with Florida v. Department of Health and Human Services 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
- New plea to rule on health mandate
- Argument recap: A lift for the mandate? (FINAL UPDATE 5:12 pm)
- In Plain English: Is half a loaf better than no loaf?
- Further thoughts on today's severability argument
- Argument recap: Moving on to the mandate (FINAL UPDATE)
- Academic round-up
- Argument preview: Health care, Part III -- Beyond the mandate
- Argument preview: Health care, Part II -- Fate of the mandate
- Argument preview: Health care, Part I -- The power to decide?
- Prompt release of health care audiotapes
Briefs and Documents
- SCOTUSblog Health Care resource page
- Constitutionality of the Affordable Care Act symposium page
- Lyle Denniston's Media Guide
- Brief for State Petitioners
- Brief for Private Petitioners
- Reply for the State Petitioners
- Reply for Private Petitioners on Severability
- Brief for the American Civil Rights Union
- Brief for the Chamber of Commerce of the United States of America
- Brief for the American Center for Law and Justice et al.
- Brief for the Competitive Enterprise Institute et al.
- Brief for Economists
- Brief for the Family Research Council
- Brief for the Justice and Freedom Fund
- Brief for Members of the United States Senate
- Brief for the National Restaurant Association
- Brief for the Western Center for Journalism
- Brief for America's Health Insurance Plans and Blue Cross Blue Shieid Association in Support of Reversal of the Court of Appeals
- Brief for Texas Public Policy Foundation and Cato Institute
- Brief for the Department of Health and Human Services et al.
- Reply Brief for the Department of Health and Human Services et al.
- Brief for AARP et al.
- Brief for the American Medical Student Association et al.
- Brief for the American Public Health Association et al.
- Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations
- Brief for the National Indian Health Board, et al.
- Brief for California et al.
- Brief for the Missouri Attorney General
- Brief for Asian & Pacific Islander American Health Forum, et al.
- Brief for David R. Riemer and Community Advocates
- Brief for the Washington and Lee University School of Law Black Lung Clinic
- Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations
- Brief for David Boyle or motion to intervene
