|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-398||11th Cir.||Mar 26, 2012||Jun 28, 2012||5-4||Roberts||OT 2011|
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.
From Oral Argument
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
The Supreme Court got rid of several cases this morning -- in one fell swoop. Read @AHoweBlogger's latest coverage of the emoluments cases, spiritual advisers at Texas executions, Texas abortion policies, COVID restrictions, and NY political corruption.
Justices vacate rulings on Trump and emoluments - SCOTUSblog
The Supreme Court on Monday morning released orders from the justices’ private conference on Friday, Jan. 22. The justices once again did not ac...
In this morning's orders list, SCOTUS took no action on pending cert petitions involving:
- Mississippi's near-ban on abortions after 15 weeks,
- a Trump rule banning Title X clinics from providing abortion referrals,
- the Trump administration's "public charge" immigration rule.
No real opinions today. The Supreme Court dismissed cert as "improvidently granted" in Henry Schein Inc. v. Archer and White Sales Inc.—a case about arbitration agreements.
That's all for today, folks.
The Supreme Court does not add any cases to its docket. It sends the Trump emoluments case back to the lower court with instructions to dismiss as moot.
Here is the orders list. https://www.supremecourt.gov/orders/courtorders/012521zor_3f14.pdf
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