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National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), is a landmark [2] [3] [4] United States Supreme Court decision in which the Court upheld Congress's power to enact most provisions of the Patient Protection and Affordable Care Act (ACA), commonly called Obamacare, [5] [6] and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most ...
The Pacific Legal Foundation initiated a lawsuit, Sissel v. U.S. Dept. Health & Human Services, in the U.S. District Court for the District of Columbia arguing that the ACA was still unconstitutional, even in light of the "saving construction" given the law in NFIB v. Sebelius, on the ground that the enactment of the essential coverage mandate ...
The case reached the Supreme Court, which issued its ruling on National Federation of Independent Business v. Sebelius on June 28, 2012, upholding most provisions of the act. Karl Rove's conservative Crossroads GPS PAC gave NFIB $3.7 million to help fund the court fight. [7]
In February 2018, 20 states, led by Texas Attorney General Ken Paxton and Wisconsin Attorney General Brad Schimel, filed a lawsuit against the federal government alleging the ACA is now unconstitutional because the individual mandate tax which NFIB v. Sebelius rested on was repealed by the Tax Cuts and Jobs Act of 2017. [104] [105]
Raich before the Supreme Court in 2004, represented the National Federation of Independent Business in its 2012 challenge to the Affordable Care Act in NFIB v. Sebelius, and is all-around ...
Sebelius (NFIB) case was said to have: ... sealed broccoli's immortality in constitutional jurisprudence. The three main written opinions included twelve references to broccoli and five separate discussions of the broccoli mandate's legal implications.
The federal government responded that given the NFIB's large membership—roughly 300,000—such a move would, in practical terms, be a national injunction. Mazzant thought that was valid.
The ideas of the Federalist Society were "at the intellectual heart" of National Federation of Independent Business v. Sebelius, which challenged the constitutionality of the Affordable Care Act (ACA), with members of the group playing a "mostly behind-the-scenes part in NFIB—and in many of the most significant conservative legal victories of ...