Supreme Court Decision Alert - June 28, 2012

Originally published June 28, 2012

Keywords: federal power, commerce clause, proper clause, taxing clause, spending clause, anti-injunction act

On June 28, 2012 the Supreme Court issued one decision, described below, of interest to the business community.

• Federal Power—Commerce Clause
• Federal Power—Necessary and Proper Clause
• Federal Power—Taxing Clause
• Federal Power—Spending Clause
• Jurisdiction—Anti-Injunction Act

National Federation of Independent Business v. Sebelius , No. 11-393 (previously discussed in the November 14, 2011 Docket Report).

The Supreme Court today upheld the constitutionality of key provisions of the Affordable Care Act ("ACA"), the Obama Administration's signature health care law. By a 5-to-4 vote, the Court held that the so-called "individual mandate," which requires that all individuals maintain a minimum level of health insurance or make an annual "shared responsibility payment," 26 U.S.C. § 5000A, falls