Florida v. Department of Health and Human Services

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

SCOTUSblog Coverage

Academic highlight: Clashing perspectives in the Harvard Law Review's 2011 Supreme Court Issue (Amanda Frost)
A giant hole in the safety net? (Lyle Denniston)
Don't call it a mandate -- it's a tax (UPDATED) (Lyle Denniston)
A reader's guide to health care ruling (Lyle Denniston)
Health care: Time to sum up (Lyle Denniston)
New plea to rule on health mandate (Lyle Denniston)
In Plain English: Conditions or unconstitutional coercion? (Amy Howe)
Argument recap: Will Medicaid be sacrificed? (FINAL UPDATE 7:08 pm) (Lyle Denniston)
Argument recap: Moving on to the mandate (FINAL UPDATE) (Lyle Denniston)
Argument preview: Health care, Part III -- Beyond the mandate (Lyle Denniston)
Argument preview: Health care, Part II -- Fate of the mandate (Lyle Denniston)
Argument preview: Health care, Part I -- The power to decide? (Lyle Denniston)
Prompt release of health care audiotapes (Lyle Denniston)
Challengers lose on health arguments (Lyle Denniston)
Health care challengers' view on argument (Lyle Denniston)
A note on Kagan and health care (Lyle Denniston)
States: "Coercion" theory is at stake (Lyle Denniston)
Health care debate reopens (Lyle Denniston)
Analysis: Health care's legal, political fate (Lyle Denniston)
Analysis: Health care's Medicaid expansion (Lyle Denniston)
Analysis: Health care's other mandate (Lyle Denniston)
Health care schedule set (Lyle Denniston)
The health care grants: In Plain English (Amy Howe)
The Court's agenda on health care (Lyle Denniston)
Court sets 5 1/2-hour hearing on health care (FINAL) (Lyle Denniston)
Health care: Now, it's the Court's turn (Lyle Denniston)

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

Brief for the American Hospital Association, et al., on severability

Merits Briefs for the Court-Appointed Amicus

Brief for Court-Appointed Amicus Curiae Supporting Complete Severability

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

Brief for the Department of Health and Human Services et al.

Amicus Briefs in Support of the Department of Health and Human Services on Medicaid

Certiorari-stage documents

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Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Editor's Note :

Florida v. Department of Health and Human Services

SCOTUSblog Coverage

Briefs and Documents

Certiorari-stage documents

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Recent Decisions

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Conference of January 18, 2019

Major Cases

Recent Special Features

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Jan. 2019

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award