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. |
Jun 28, 2012 | 5-4 | Roberts | 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
- Academic highlight: Clashing perspectives in the Harvard Law Review's 2011 Supreme Court Issue
- Ask the author: Einer Elhauge on Obamacare on Trial
- A giant hole in the safety net?
- Don't call it a mandate -- it's a tax (UPDATED)
- Live blog of the health care decision (Sponsored by Bloomberg Law)
- Anticipating the health-care decision: In Plain English
- A reader's guide to health care ruling
- Health care: Time to sum up
- 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
- Challengers lose on health arguments
- Health care challengers' view on argument
- A note on Kagan and health care
- Health care debate reopens
- Analysis: Health care's legal, political fate
- Analysis: Health care's Medicaid expansion
- 3 days of argument on health care
- Analysis: Health care's other mandate
- Health care schedule set
- The health care grants: In Plain English
- The Court's agenda on health care
- Court sets 5 1/2-hour hearing on health care (FINAL)
- Health care: Now, it's the Court's turn
Briefs and Documents
- SCOTUSblog Health Care resource page
- Constitutionality of the Affordable Care Act symposium page
- Lyle Denniston’s Media Guide
From the Oral Argument
Merits Briefs for the National Federation of Independent Business and the States on Severability
- Brief for State Petitioners
- Brief for Private Petitioners
- Reply for the State Petitioners
- Reply for Private Petitioners on Severability
Amicus Briefs in Support of the 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
Merits Briefs for the Respondents on Severability
- Brief for the Department of Health and Human Services et al.
- Reply Brief for the Department of Health and Human Services et al.
Amicus Briefs in Support of the Respondents on Severability
- 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
Merits Briefs for the Court-Appointed Amicus Supporting Severability
Amicus Briefs in Support of the Court-Appointed Amicus
- 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
Submit Event
