|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
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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