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Supreme Court Upholds ACA mandate, but not on Commerce Clause grounds

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UPDATE: Here it is: 11-393c3a2

Also, the slip opinion can now be found on the Court’s website here. And LII has a html version with pdf download links to each of the opinions.

You’ll need to make a chart to piece together the Court holding:

ROBERTS, C. J., announced the judgment of the Court and delivered
the opinion of the Court with respect to Parts I, II, and III–C, in which
GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined; an opinion with
respect to Part IV, in which BREYER and KAGAN, JJ., joined; and an
opinion with respect to Parts III–A, III–B, and III–D. GINSBURG, J.,
filed an opinion concurring in part, concurring in the judgment in part,
and dissenting in part, in which SOTOMAYOR, J., joined, and in which
BREYER and KAGAN, JJ., joined as to Parts I, II, III, and IV. SCALIA,
KENNEDY, THOMAS, and ALITO, JJ., filed a dissenting opinion. THOMAS,
J., filed a dissenting opinion.

The essentials are that there were only four votes to uphold the mandate on commerce clause grounds, but five to uphold it as a constitutionally valid tax. Seven justices restricted the ability of the federal government to broadly penalize states for not participating in the ACA’s Medicaid expansion.

Below, we’ve linked to collections of briefs and other materials from the Supreme Court’s consideration of the Affordable Care Act.

The Oyez project and SCOTUSBlog have useful “case file” landing pages for the case.

Briefs

Several links below list briefs from the health care cases.


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