|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-400||11th Cir.||Mar 28, 2012||Jun 28, 2012||5-4||Roberts||OT 2011|
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.
Judgment: Affirmed in part and reversed in part, 5-4, in an opinion by Chief Justice Roberts on June 28, 2012. The Anti-Injunction Act does not bar the challenge to the constitutionality of the mandate, and five Justices (the Chief Justice, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan) agree that the individual mandate is constitutional. Seven Justices (the Chief Justice and Justices Breyer and Kagan, along with Justices Scalia, Kennedy, Thomas, and Alito) agree that the Medicaid expansion violates the Constitution. Justice Ginsburg filed an opinion concurring in part, concurring in the judgment in part and dissenting in part, in which Justice Sotomayor joined, and which Justice Breyer and Kagan joined except as to Medicaid expansion. Justices Scalia, Kennedy, Thomas and Alito filed a dissenting opinion. Justice Thomas filed a dissenting opinion.
From the Oral Argument
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
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _👩⚖️👩⚖️👩⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️_ Register here ➡️ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
Senator Markey (D-Ma) is delivering remarks right now in front of the Supreme Court introducing the Judiciary Act of 2021 to expand the court to 13 justices. He’s flanked by Chairman of House Judiciary, Jerry Nadler (D-NY), and Hank Johnson (D-Ga).
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here:
Cast your vote below!
The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness - SCOTUSblog
Forget Ali vs. Frazier, Celtics vs. Lakers, or Evert vs. Navratilova. It’s time for Marshall vs. Warren. After...
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