Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

U.S. Department of Health and Human Services v. Florida

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Docket No. Op. Below Argument Opinion Vote Author Term
11-398 11th Cir. Mar 26, 2012
Tr.Aud.
Jun 28, 2012 5-4 Roberts OT 2011
 
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Disclosure: Goldstein and Russell, P.C. represents AARP as amicus curiae in support of the petitioners in this case.

Holding: The Anti-Injunction Act does not bar a challenge to the constitutionality of the Affordable Care Act’s “individual mandate” provision, which requires virtually all Americans to obtain health insurance or pay a penalty, even though the mandate has not yet gone into effect. Although the mandate is not authorized under the Commerce Clause, it is nonetheless a valid exercise of Congress’s power under the Taxing Clause. Finally, the Medicaid expansion provision of the ACA violates the Constitution by threatening states with the loss of their existing Medicaid funding if they decline to comply with the expansion.

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SCOTUSblog Coverage

Briefs and Documents

From Oral Argument
  • Anti-Injunction Act argument audio and transcript. SCOTUSblog's highlights from the audio are here.
  • Individual Mandate argument  audio and  transcript. SCOTUSblog's highlights from the audio are here.
Merits Briefs for the Department of Health and Human Services  Regarding the Minimum Coverage Provision Amicus Briefs Supporting the Department of Health and Human Services Regarding the Minimum Coverage Provision Merits Briefs for Florida et al. and the Private Respondents Regarding the Minimum Coverage Provision Amicus Briefs Supporting Florida et al. and the Private Respondents  Regarding the Minimum Coverage Provision Amicus Briefs Supporting Neither Party Merits Briefs for Court-Appointed Amicus Regarding the Anti-Injunction Act Amicus Briefs Supporting the Court- Appointed Amicus Regarding Vacatur Merits Briefs for the Department of Health and Human Services  Regarding the Anti-Injunction Act Merits Briefs for Florida et al. and the Private Respondents  Regarding the Anti-Injunction Act Amicus Briefs Supporting Florida et al. and the Private Respondents  Regarding the  Anti-Injunction Act Other Documents

Certiorari-stage documents

 
Term Snapshot
Awards