The Federalist Society

National Federation of Independent Business v. Sebelius - Post-Decision SCOTUScast

SCOTUScast 07-10-12 featuring Randy Barnett and Neal Katyal

July 10, 2012

Randy E. Barnett, Neal K. Katyal

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  National Federation of Independent Business v. Sebelius - Post-Decision SCOTUScast - MP3
Running Time: 00:22:34

Neal KatyalRandy Barnett

On June 28, 2012, the Supreme Court announced its decision in National Federation of Independent Business v. Sebelius, along with companion casesDepartment of Health and Human Services v. Florida and Florida v. Department of Health and Human Services.  All these cases involve challenges to the Patient Protection and Affordable Care Act, also known as Obamacare.  Questions before the Court included whether the ACA’s “individual mandate” is constitutional, and whether the ACA’s expansion of Medicare improperly coerces the states.

In an opinion delivered by Chief Justice Roberts, the Court held by a vote of 5-4 that the individual mandate may be upheld as within Congress’ power under the Taxing Clause.  In addition, Justices Breyer and Kagan joined the Chief Justice in concluding that the Medicare expansion coerced the states in a manner violative of the Constitution.  Justice Ginsburg, joined by Justice Sotomayor, did not agree with the coercion rationale, but did agree that Congress could not withhold existing funds based on a refusal to participate in the expansion.  Justices Scalia, Kennedy, Thomas and Alito filed a dissenting opinion.  Justice Thomas filed an additional dissenting opinion.

To discuss the case, we have Randy Barnett, who is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, and Neal Katyal, who is a Partner at Hogan Lovells, Professor at Georgetown Law Center and former Deputy Solicitor General.

[Return to the SCOTUScast menu]

Related Links

Fla. v. Dept. of Health and Human Services & Nat'l Fed. of Ind. Business v. Sebelius - Coercion - Pre-Argument SCOTUScast
U.S. Department of Health and Human Services v. Florida - Individual Mandate - Post-Argument SCOTUScast
Fla. v. Dept. of Health and Human Services & Nat'l Fed. of Ind. Business v. Sebelius - Severability - Post-Argument SCOTUScast
U.S. Department of Health and Human Services v. Florida - Anti-Injunction - Post-Argument SCOTUScast
Opinion - June 28, 2012 (PDF)
Oral Argument Transcript - National Federation of Independent Business v. Sebelius - March 28, 2012 (PDF)
Oral Argument Transcript - Florida v. Department of Health and Human Services - March 28, 2012 (PDF)
Oral Argument Transcript - U.S. Department of Health and Human Services v. Florida - March 27, 2012 (PDF)


The Federalist Society