National Federation of Independent Business v. Sebelius

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.

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

• SCOTUSblog’s argument audio highlights

Merits Briefs for the Petitioners 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

• Brief for Court-Appointed Amicus Curiae

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 David Boyle

Certiorari-stage documents

• Opinion below (11th Cir.)
• Petition for certiorari
• Amicus brief of America's Health Insurance Plans
• Amicus brief of Landmark Legal Foundation
• Amicus brief of Chamber of Commerce of the United States of America
• Amicus brief of Family Research Council