Florida v. Department of Health and Human Services
Linked with:
- U.S. Department of Health and Human Services v. Florida
- National Federation of Independent Business v. Sebelius
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
11-400 | 11th Cir. | Mar 28, 2012 | 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.
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.
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)
- In Plain English: Conditions or unconstitutional coercion? (Amy Howe, March 30, 2012)
- Argument recap: Will Medicaid be sacrificed? (FINAL UPDATE 7:08 pm) (Lyle Denniston, March 28, 2012)
- Argument recap: Moving on to the mandate (FINAL UPDATE) (Lyle Denniston, March 26, 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)
- A note on Kagan and health care (Lyle Denniston, January 23, 2012)
- States: "Coercion" theory is at stake (Lyle Denniston, January 10, 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)
- Health care schedule set (Lyle Denniston, December 8, 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
From the Oral Argument
- SCOTUSblog’s highlights from the argument audio are here.
Merits Briefs for the Florida and the Private Petitioners Regarding Severability
- Brief for Private Petitioners
- Brief for the State Petitioners”
- Reply Brief for Private Petitioners
- Reply Brief” for the State Petitioners
Amicus Briefs in Support of Florida and the Private Petitioners Regarding” 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 Shield Association
- Brief for Texas Public Policy Foundation and Cato Institute
Merits Briefs for the Department of Health and Human Services Regarding 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 Department of Health and Human Services” Regarding Severability
- Brief for the National Indian Health Board, et al.
- Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations
- Brief for California et al.
- Brief for the Missouri Attorney General
- Brief for the American Public Health Association et al.
- Brief for the American Medical Student Association et al.
- Brief for AARP et al.
Amicus Briefs in Support of Neither Party
Merits Briefs for the Court-Appointed Amicus
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 the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations”
Merits Briefs for the State Petitioners Regarding Medicaid
Amicus Briefs Supporting the State Petitioners Regarding Medicaid
- Brief for Center for Constitutional Jurisprudence et al.
- Brief for Association of American Physicians et al.
- Brief for Catholic Sisters in Support of Respondents Regarding the Medicaid Issue
- Brief for the Independence Institute”
- Brief for Indiana State Legislators et al.
- Brief for James F. Blumstein
- Brief for Texas Public Policy Foundation and 36 Texas State Legislators
- Brief for Economists
- Brief for Association of American Physicians and Surgeons and Individual Physicians
Merits Briefs for the Respondents Regarding Medicaid
Amicus Briefs in Support of the Department of Health and Human Services on Medicaid
- Brief for the National Minority AIDS Council
- Brief for the American Hospital Association et al.”
- Brief for David R. Riemer and Community Advocates
- Brief for David Satcher, M.D., Ph.D., et al.
- Brief for Health Law & Policy Scholars and Prescription Policy Choices
- Brief for National Health Law Program et al.
- Brief for Service Employees International Union and Change to Win
Brief for Senate Majority Leader Harry Reid et al. - Brief for State Legislators from the Fifty States, the District of Columbia, and Puerto Rico
- Brief for Oregon et al.
- Brief for Faithful Reform in Health Care and the WISC Health Care Working Group”
- Brief for the Disability Rights Legal Center
Certiorari-stage documents
- Opinion below (11th Cir.)
- Petition for certiorari
- Brief in opposition
- Petitioners' reply
- Amicus brief of America's Health Insurance Plans
- Amicus brief of American Center for Law and Justice
- Amicus brief of Family Research Council
- Amicus brief of Center for Constitutional Jurisprudence
- Amicus brief of Lawrence J. Dickson, Ph.D.
- SCOTUSblog Health Care resource page
- Constitutionality of the Affordable Care Act symposium page
- Lyle Denniston’s Media Guide
From the Oral Argument
- SCOTUSblog’s highlights from the argument audio are here.
Merits Briefs for the Florida and the Private Petitioners Regarding Severability
- Brief for Private Petitioners
- Brief for the State Petitioners”
- Reply Brief for Private Petitioners
- Reply Brief” for the State Petitioners
Amicus Briefs in Support of Florida and the Private Petitioners Regarding” 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 Shield Association
- Brief for Texas Public Policy Foundation and Cato Institute
Merits Briefs for the Department of Health and Human Services Regarding 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 Department of Health and Human Services” Regarding Severability
- Brief for the National Indian Health Board, et al.
- Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations
- Brief for California et al.
- Brief for the Missouri Attorney General
- Brief for the American Public Health Association et al.
- Brief for the American Medical Student Association et al.
- Brief for AARP et al.
Amicus Briefs in Support of Neither Party
Merits Briefs for the Court-Appointed Amicus
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 the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations”
Merits Briefs for the State Petitioners Regarding Medicaid
Amicus Briefs Supporting the State Petitioners Regarding Medicaid
- Brief for Center for Constitutional Jurisprudence et al.
- Brief for Association of American Physicians et al.
- Brief for Catholic Sisters in Support of Respondents Regarding the Medicaid Issue
- Brief for the Independence Institute”
- Brief for Indiana State Legislators et al.
- Brief for James F. Blumstein
- Brief for Texas Public Policy Foundation and 36 Texas State Legislators
- Brief for Economists
- Brief for Association of American Physicians and Surgeons and Individual Physicians
Merits Briefs for the Respondents Regarding Medicaid
Amicus Briefs in Support of the Department of Health and Human Services on Medicaid
- Brief for the National Minority AIDS Council
- Brief for the American Hospital Association et al.”
- Brief for David R. Riemer and Community Advocates
- Brief for David Satcher, M.D., Ph.D., et al.
- Brief for Health Law & Policy Scholars and Prescription Policy Choices
- Brief for National Health Law Program et al.
- Brief for Service Employees International Union and Change to Win
Brief for Senate Majority Leader Harry Reid et al. - Brief for State Legislators from the Fifty States, the District of Columbia, and Puerto Rico
- Brief for Oregon et al.
- Brief for Faithful Reform in Health Care and the WISC Health Care Working Group”
- Brief for the Disability Rights Legal Center
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