Case Summary
Whether the Commerce Clause, or any other provision of the United States Constitution, gives Congress the power to require individuals to purchase health insurance.
Plaintiff:
Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming, two private citizens, and the National Federation of Independent Business (NFIB)
Defendant:
United States Department of Health and Human Services, the Department of Treasury, the Department of Labor, Timothy Geithner, Secretary of the Treasury of the United States, Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, and Hilda L. Solis, Secretary of the U.S. Department of Labor, all in their official capacities.
Amicus Curiae:
Mountain States Legal Foundation
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Case History
Since the “Patient Protection and Affordable Care Act” (often called ObamaCare) became law on March 23, 2010, several lawsuits have been filed to challenge its constitutionality; most notable among them are the lawsuit filed by 20 States, as well as other plaintiffs, led by Florida. All challenge the individual mandate set forth in the statute, under which all Americans must purchase health care insurance or pay a penalty, as well as other provisions, as conflicting with the Constitution.
During the national debate regarding ObamaCare, Speaker Pelosi said memorably, regarding the 1,000 pages of legislation that almost no one had read, “[W]e have to pass the bill so that you can find out what is in it . . . .” Over the last six months, a bill that the American people thought was bad (54% opposed its passage) has become the law that is worse than they had imagined (67% of “mainstream voters” today demand that it be repealed).
Prior to its enactment, the Congressional Budget Office (CBO) claimed that the statute would be revenue neutral; however, in the days and months since, the CBO is less sanguine about its impact on the economy. Moreover, recent responses of the marketplace and small businesses reflect a belief that ObamaCare spells disaster for the U.S. economy and for businesses.
Noting that, for the first time in American history, Congress has ordered every American to make a specific purchase, that is, health insurance, simply because Congress says that it is in the national interest, MSLF argues that, if the Commerce Clause permits Congress to issue this individual mandate, there are no limits to what Congress may do. In addition, MSLF argues that America’s embrace of limited government of specific enumerated powers began in the pre-Revolutionary Days, continued through the Declaration of Independence, the Constitution, and the Bill of Rights, and has been upheld by the federal judiciary, including the U.S. Supreme Court.
The State of Florida and the other plaintiffs filed their lawsuit the day the statute was signed into law. On January 31, 2011, the U.S. District Court for the Northern District of Florida granted summary judgment in favor of the States and against the federal government declaring the individual mandate unconstitutional.
On March 9, 2011, the federal government appealed the decision to the Eleventh Circuit. On April 4, 2011, the federal government filed its opening brief. On May 4, 2011, the States filed their response brief. On May 11, 2011, MSLF filed an amicus curiae brief in support of the States.
Oral arguments were held on June 8, 2011. On August 12, 2011, the Eleventh Circuit held the individual mandate unconstitutional. On September 28, 2011, the United States filed its petition for writ of certiorari with the Supreme Court.
On November 14, 2011, the Supreme Court granted certiorari. On February 10, 2012, MSLF filed its friend of the court brief arguing the unconstitutionality of the individual mandate. On March 26, 27, and 28, the Court held an unprecedented three days of oral arguments.