U.S. Dep’t of Health and Human Servs. v. State of Florida
- Case Date: 5/11/2011
- Project Name: Health Care Project
On June 28, 2012, the U.S. Supreme Court reversed an appeals court’s decision striking down a portion of the federal health care reform law. The case arose from a constitutional challenge to the Patient Protection and Affordable Care Act (PPACA), a federal law containing an individual mandate that will require all uninsured Americans, under threat of civil penalty, to purchase health insurance for themselves and their dependents. The decision was a setback for the Washington Legal Foundation (WLF), which filed a brief in the case on its own behalf and on behalf of its clients—eleven constitutional law scholars whose teaching, research, and published scholarship focus on constitutional law and related fields. Although a majority of justices agreed with WLF’s position on the limits of the Necessary and Proper Clause (and the Commerce Clause), the Court upheld the individual mandate as a valid exercise of Congress’s taxing power.
More Information and Downloads:
|5/11/2011: Download the Brief|
|2/13/2012: Download the Brief|