Affordable Care Act Decision - NFIB v. Sebelius

This casebook contains the full text of the Supreme Court's historic decision in NFIB, v. Sebelius, 567 U.S. _____ (2012), decided June 28, 2012. The text of the syllabus, dissenting and concurring opinions are all included.

The Federal Government does not have the power to order people to buy health insurance. Section 5000A [of the Act] would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional, because it can reasonably be read as a tax.

Opinion of ROBERTS, Chief Justice
National Federation of Independent Business v. Sebelius, Secretary of Health and Human Services