National federation of independent business v sebelius (2012) courts upheld congress' ability to enact most provisions of the patient protection and affordable care act (mandatory health care is extension of congress taxing power not commerce clause or necessary and proper. Nfib v sebelius: proportionality in the exercise of congressional power david orentlicher abstract with its opinion on the constitutionality of the affordable care act. The volokh conspiracy explore in some detail how the government and the challengers developed their strategies before the supreme court in nfib v sebelius.
Before we examine the effects of the supreme court's decision of nfib v sebelius, it is necessary to unpack the issues and opinions the first step is the usual, but hopefully brief, recitation of the facts and procedural history. Hi, we're street law since 1972, we've been hard at work in communities and schools across the country and around the globe, developing programs and teaching materials that educate people about law and government. Facts the national federation of independent business, 26 states, and a number of individuals and businesses (plaintiffs) filed suit in several different federal district courts against kathleen sebelius, secretary of the department of health and human services and others (defendants) challenging the constitutionality of the patient protection and affordable care act of 2010 (the act) enacted. The national federation of independent business v sebelius (2012) became a major supreme court case that reevaluated the limits of what the federal government could regulate and how they would enforced it.
Supreme court of the united states syllabus national federation of independent business et al v sebelius, secretary of 4 national federation of. More than one year has passed since the supreme court decided nfib v sebelius, the major case concerning the constitutionality of the individual mandate and medicaid expansion as you might remember, the supreme court upheld the individual mandate as a valid exercise of congress's taxing power. The following contribution to our post-decision symposium on the health care cases is written by david b kopel, adjunct professor of constitutional law, denver university author of the independence institute amicus brief on state sovereignty and the medicaid mandate i may be a law professor by.
In its decision announced june 28, the supreme court reviewed congress's constitutional authority to enact two aspects of the patient protection and affordable care act of 2010 (aca): the individual mandate and the aca's medicaid coverage expansion. Facts congress passed the patient protection and affordable care act (ppaca) - known as obamacare the law requires individual citizens not covered by a corporate plan, medicare, medicaid, or a government sponsored plan to buy into a federally approved plan or face a penalty imposed by the federal government. Nfib v sebelius and the right to health care: government's obligation to provide for the health, safety, and welfare of its citizens jack m beermann. An animated case brief of national federation of independent business v sebelius, 567 us ___ (2012) read the text case brief at .
The state of texas argues that in light of the supreme court's 2012 decision in nfib v sebelius, obamacare is unconstitutional. Sebelius, the medicaid expansion held the greatest potential for destabilization from both a statutory and a constitutional perspective as authors of an amicus brief supporting the medicaid expansion, and scholars with expertise in health law who have been cited by the court, we show in this article why nfib is likely to fulfill that promise. National federation of independent business v sebelius was a landmark united states supreme court decision in which the court upheld congress' power to enact most provisions of the patient protection and affordable care act (aca) and the health care and education reconciliation act (hcera), including a requirement for americans to have health. National federation of independent business et alv sebelius, secretary of health and human services, et al background: president obama signed into law the patient protection and affordable care act (aca) in.
The supreme court's decision to hear king v burwell means that the court, for the second time in three years, will be deciding an issue that will have a major impact on the obama administration. 2 almost immediately after president obama signed the bill into law, a series of lawsuitswerefiledchallengingtheconstitutionalityoftheacathe. Chief justice roberts, who wrote the majority opinion in nfib v sebelius, rejected the obama administration's claim that congress could impose the individual mandate pursuant to the. As a general matter, chief justice roberts wrote that the decision in the case, national federation of independent business v sebelius, no 11-393, offered no endorsement of the law's wisdom.
National federal of independent business et al v sebelius search table of contents health law keyed to furrow add to library law dictionary case briefs. The litigation that culminated in the supreme court's ruling in nfib v sebelius represented a clash between two opposing visions of constitutional feder. Case opinion for us supreme court national federation of independent business et al v sebelius, secretary of health and human services, et al read the court's full decision on findlaw. In national federation of independent business (nfib) v sebelius, the supreme court, among other things, decided that the enforcement mechanism for the aca medicaid expansion, withdrawal of all medicaid funds, was a violation of the tenth amendment.