U.S. Department of Health and Human Services v. Florida
Linked with:
- National Federation of Independent Business v. Sebelius
- Florida v. Department of Health and Human Services
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-398 | 11th Cir. | 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.
SCOTUSblog Coverage
- Academic highlight: Clashing perspectives in the Harvard Law Review's 2011 Supreme Court Issue (Amanda Frost, January 2, 2013)
- A giant hole in the safety net? (Lyle Denniston, June 29, 2012)
- Don't call it a mandate -- it's a tax (UPDATED) (Lyle Denniston, June 28, 2012)
- A reader's guide to health care ruling (Lyle Denniston, June 27, 2012)
- Health care: Time to sum up (Lyle Denniston, June 26, 2012)
- New plea to rule on health mandate (Lyle Denniston, May 4, 2012)
- Todays argument in Plain English: Will the mandate squeak by? (Amy Howe, March 27, 2012)
- Todays argument in Plain English: Will the mandate squeak by? (Amy Howe, March 27, 2012)
- A tale of two great arguments (Tom Goldstein, March 27, 2012)
- Is Kennedy the only possible fifth vote for the government? (Kevin Russell, March 27, 2012)
- Todays argument in Plain English: Will the mandate squeak by? (Amy Howe, March 27, 2012)
- Update from the oral argument (audio) (Max Mallory, March 26, 2012)
- Searching for clues on the Justices inclinations about the constitutionality of the individual mandate (Kevin Russell, March 26, 2012)
- Searching for clues on the Justices inclinations about the constitutionality of the individual mandate (Kevin Russell, March 26, 2012)
- Searching for clues on the Justices inclinations about the constitutionality of the individual mandate (Kevin Russell, March 26, 2012)
- Anti-Injunction Act oral argument: In Plain English (Amy Howe, March 26, 2012)
- We listen to the whole AIA argument, so you don't have to (Tom Goldstein, March 26, 2012)
- Argument recap: Moving on to the mandate (FINAL UPDATE) (Lyle Denniston, March 26, 2012)
- Academic round-up (Amanda Frost, March 23, 2012)
- Argument preview: Health care, Part III -- Beyond the mandate (Lyle Denniston, March 22, 2012)
- Argument preview: Health care, Part II -- Fate of the mandate (Lyle Denniston, March 21, 2012)
- Argument preview: Health care, Part I -- The power to decide? (Lyle Denniston, March 20, 2012)
- Prompt release of health care audiotapes (Lyle Denniston, March 16, 2012)
- Challengers lose on health arguments (Lyle Denniston, February 21, 2012)
- Health care challengers' view on argument (Lyle Denniston, February 9, 2012)
- Postpone mandate test, Court urged (Lyle Denniston, January 7, 2012)
- Health care debate reopens (Lyle Denniston, January 6, 2012)
- Analysis: Health care's legal, political fate (Lyle Denniston, December 30, 2011)
- Analysis: Health care's Medicaid expansion (Lyle Denniston, December 27, 2011)
- Analysis: Health care's other mandate (Lyle Denniston, December 19, 2011)
- 3 days of argument on health care (Lyle Denniston, December 19, 2011)
- Health care schedule set (Lyle Denniston, December 8, 2011)
- Analysis: Health care's "sleeper issue" (Lyle Denniston, November 22, 2011)
- The health care grants: In Plain English (Amy Howe, November 17, 2011)
- The Court's agenda on health care (Lyle Denniston, November 14, 2011)
- Court sets 5 1/2-hour hearing on health care (FINAL) (Lyle Denniston, November 14, 2011)
- Health care: Now, it's the Court's turn (Lyle Denniston, November 10, 2011)
Briefs and Documents
- SCOTUSblog Health Care resource page
- Constitutionality of the Affordable Care Act symposium page
- Lyle Denniston’s Media Guide
- Post-decision symposium
- Decision-day coverage
From Oral Argument
- Anti-Injunction Act”argument audio and transcript.”SCOTUSblog’s highlights from the audio are”here.
- Individual Mandate”argument” audio and” transcript.”SCOTUSblog’s highlights from the audio are“here.
Merits Briefs for the Department of Health and Human Services” Regarding the Minimum Coverage Provision
- Brief of the Department of Health and Human Services et al.”
- Reply Brief for Department of Health and Human Services, et al.
Amicus Briefs Supporting the Department of Health and Human Services Regarding the Minimum Coverage Provision
- Brief for Advocacy for Patients with Chronic Illness, Inc.,
- Brief for AARP
- “Brief for American Nurses Association et al.
- Brief for the American Association of People With Disabilities et al.
- Brief for Blue Cross and Blue Shield of Massachusetts
- Brief for Constitutional Law and Economics Professors
- Brief for 104 Health Law Professors
- Brief for Constitutional Law Scholars”
- Brief for Child Advocacy Organizations
- Brief for the NAACP Legal Defense and Educational Fund, Inc.” et al.
- Brief for the California Endowment”
- Brief for the National Women’s Law Center et al.
- Brief for Prescription Policy Choices et al.
- Brief for the Jewish Alliance for Law and Social Action et al.
- Brief for Health Care For All et al.
- Brief for California Public Employees Retirement System
- Brief for Law Professors Barry Friedman et al.”
- Brief for Lambda Legal Defense Fund, et al,”
- Brief for David R. Riemer and Community Advocates”
- Brief for Department of Health and Human Services et al.
- Brief for the Governor of Washington Christine Gregoire”
- Brief for the American Federation of Labor and the Congress of Industrial Organizations
- Brief for Health Care Policy History Scholars
- Brief for Senate Majority Leader Harry Reid et al.
- Brief for Small Business Majority Foundation, INC and the Main Street Alliance”
- Brief for State Legislators
- Brief for the States of Maryland et al.
- Brief for Service Employees International Union and Change to Win
- Brief for Economic Scholars
- Brief for the American Federation of Labor and the Congress of Industrial Organizations
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
- Brief for Citizens” Council for Health Freedom
- Brief for the Cato Institute et al.”
- Brief for Association of American Physicians And Surgeons, inc., and Individual Physicians
- Brief for Judicial Watch, Inc.”
- Brief for American Catholic Lawyers Association, Inc.
- Brief for the American Center for Law and Justice et al.
- Brief for the American Legislative Exchange Council
- Brief for American College of Pediatricians et al.
- Brief for the American Civil Rights Union et al.
- Brief for Gary Lawson et al.
- Brief for the Catholic Vote and Steven J. Willis”
- Brief for Center for Constitutional Jurisprudence et al.
- Brief for Citizens and Legislators in the Fourteen Health Care Freedom States”
- Brief for Citizens” Council for Health Freedom
- Brief for the Commonwealth of Virginia Ex Rel. Attorney General Kenneth T. Cuccinelli
- Brief for Docs4patientcare et al.
- Brief for Employer Solutions Staffing Group
- Brief for Egon Mittelmann, Esq.”
- Brief for Former U.S. Department Officials
- Brief for the Foundation for Moral Law
- Brief for HSA Coalition, Inc. and the Constitution Defense Fund
- Brief for John Boehner
- Brief for the Landmark Legal Foundation
- Brief for Liberty Legal Foundation”
- Brief for Members of the United States Senate”
- Brief for the Mountain States Legal Foundation”
- Brief for Oklahoma”
- Brief for Partnership for America”
- Brief for Project Liberty
- Brief for the Rutherford Institute”
- Brief for Senator Rand Paul
- Brief for Stephen M. Trattner”
- Brief for the Thomas More Law Center et al.
- Brief for Virginia Delegate Bob Marshall et al.
- Brief for the Washington Legal Foundation and Constitutional Law Scholars”
- Brief for Authors of Origins of The Necessary and Proper Clause” and the Independence Institute
- Brief for Economists
- Brief for the Independent Women”s Forum”
- Brief for the Institute for Justice
- Brief for the Tax Foundation
- Brief for the Missouri Attorney General
- Brief for Montana Shooting Sports Association
- Brief for the American Life League”
- Brief for the Caesar Rodney Institute
- Brief for Liberty University, Inc. et al.
- Brief for the American Life League”
- Brief for the Caesar Rodney Institute”
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
- Brief for the Department of Health and Human Services et al.””
- Reply Brief for the Department of Health and Human Services et al.
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
- Brief for the Liberty University, Inc. et al.”
- Brief for the Cato Institute
- Brief for the American Center for Law & Justice
- Brief for Center for the Fair Administration of Taxes”
Other Documents
- Motion of David Boyle for leave to intervene
- Motion of David Boyle for recusal of Justice Kagan and Justice Thomas (11-400, 11-393, 11-398)
Certiorari-stage documents
- Opinion below (11th Cir.)
- Petition for certiorari
- Petitioners' reply
- Amicus brief of America's Health Insurance Plans
- Amicus brief of American Hospital Association
- Amicus brief of Chamber of Commerce of the United States of America
- Amicus brief of The California Endowment
- Brief of state respondents
- SCOTUSblog Health Care resource page
- Constitutionality of the Affordable Care Act symposium page
- Lyle Denniston’s Media Guide
- Post-decision symposium
- Decision-day coverage
From Oral Argument
- Anti-Injunction Act”argument audio and transcript.”SCOTUSblog’s highlights from the audio are”here.
- Individual Mandate”argument” audio and” transcript.”SCOTUSblog’s highlights from the audio are“here.
Merits Briefs for the Department of Health and Human Services” Regarding the Minimum Coverage Provision
- Brief of the Department of Health and Human Services et al.”
- Reply Brief for Department of Health and Human Services, et al.
Amicus Briefs Supporting the Department of Health and Human Services Regarding the Minimum Coverage Provision
- Brief for Advocacy for Patients with Chronic Illness, Inc.,
- Brief for AARP
- “Brief for American Nurses Association et al.
- Brief for the American Association of People With Disabilities et al.
- Brief for Blue Cross and Blue Shield of Massachusetts
- Brief for Constitutional Law and Economics Professors
- Brief for 104 Health Law Professors
- Brief for Constitutional Law Scholars”
- Brief for Child Advocacy Organizations
- Brief for the NAACP Legal Defense and Educational Fund, Inc.” et al.
- Brief for the California Endowment”
- Brief for the National Women’s Law Center et al.
- Brief for Prescription Policy Choices et al.
- Brief for the Jewish Alliance for Law and Social Action et al.
- Brief for Health Care For All et al.
- Brief for California Public Employees Retirement System
- Brief for Law Professors Barry Friedman et al.”
- Brief for Lambda Legal Defense Fund, et al,”
- Brief for David R. Riemer and Community Advocates”
- Brief for Department of Health and Human Services et al.
- Brief for the Governor of Washington Christine Gregoire”
- Brief for the American Federation of Labor and the Congress of Industrial Organizations
- Brief for Health Care Policy History Scholars
- Brief for Senate Majority Leader Harry Reid et al.
- Brief for Small Business Majority Foundation, INC and the Main Street Alliance”
- Brief for State Legislators
- Brief for the States of Maryland et al.
- Brief for Service Employees International Union and Change to Win
- Brief for Economic Scholars
- Brief for the American Federation of Labor and the Congress of Industrial Organizations
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
- Brief for Citizens” Council for Health Freedom
- Brief for the Cato Institute et al.”
- Brief for Association of American Physicians And Surgeons, inc., and Individual Physicians
- Brief for Judicial Watch, Inc.”
- Brief for American Catholic Lawyers Association, Inc.
- Brief for the American Center for Law and Justice et al.
- Brief for the American Legislative Exchange Council
- Brief for American College of Pediatricians et al.
- Brief for the American Civil Rights Union et al.
- Brief for Gary Lawson et al.
- Brief for the Catholic Vote and Steven J. Willis”
- Brief for Center for Constitutional Jurisprudence et al.
- Brief for Citizens and Legislators in the Fourteen Health Care Freedom States”
- Brief for Citizens” Council for Health Freedom
- Brief for the Commonwealth of Virginia Ex Rel. Attorney General Kenneth T. Cuccinelli
- Brief for Docs4patientcare et al.
- Brief for Employer Solutions Staffing Group
- Brief for Egon Mittelmann, Esq.”
- Brief for Former U.S. Department Officials
- Brief for the Foundation for Moral Law
- Brief for HSA Coalition, Inc. and the Constitution Defense Fund
- Brief for John Boehner
- Brief for the Landmark Legal Foundation
- Brief for Liberty Legal Foundation”
- Brief for Members of the United States Senate”
- Brief for the Mountain States Legal Foundation”
- Brief for Oklahoma”
- Brief for Partnership for America”
- Brief for Project Liberty
- Brief for the Rutherford Institute”
- Brief for Senator Rand Paul
- Brief for Stephen M. Trattner”
- Brief for the Thomas More Law Center et al.
- Brief for Virginia Delegate Bob Marshall et al.
- Brief for the Washington Legal Foundation and Constitutional Law Scholars”
- Brief for Authors of Origins of The Necessary and Proper Clause” and the Independence Institute
- Brief for Economists
- Brief for the Independent Women”s Forum”
- Brief for the Institute for Justice
- Brief for the Tax Foundation
- Brief for the Missouri Attorney General
- Brief for Montana Shooting Sports Association
- Brief for the American Life League”
- Brief for the Caesar Rodney Institute
- Brief for Liberty University, Inc. et al.
- Brief for the American Life League”
- Brief for the Caesar Rodney Institute”
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
- Brief for the Department of Health and Human Services et al.””
- Reply Brief for the Department of Health and Human Services et al.
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
- Brief for the Liberty University, Inc. et al.”
- Brief for the Cato Institute
- Brief for the American Center for Law & Justice
- Brief for Center for the Fair Administration of Taxes”
Other Documents
- Motion of David Boyle for leave to intervene
- Motion of David Boyle for recusal of Justice Kagan and Justice Thomas (11-400, 11-393, 11-398)
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