Health Care Reform Moves Forward

In a stunning 5-4 decision authored by Chief Justice John Roberts, the United States Supreme Court upheld the controversial individual mandate and most other provisions of the Patient Protection and Affordable Care Act (the "ACA") in National Association of Independent Business, et al. v Sibelius (Docket 11-393).

Individual Mandate Upheld

It was widely anticipated that the Supreme Court would uphold or strike down the individual mandate under the Commerce Clause of the U.S. Constitution. Chief Justice Roberts held that the individual mandate exceeded Congress's power under the Commerce Clause because it regulated "inactivity" the decision not to purchase health insurance and Congress does not have the power to compel activity in commerce. However, noting that it was the Court's obligation to uphold a law if there is any basis on which to do so, he held that the individual mandate passed Constitutional muster under Congress's taxing power.