NFIB v. Sebelius: An Analysis of the Individual Mandate in the Affordable Care Act




Firminger, Brianna N.

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In June 2012 the Supreme Court ruled on the constitutionality of the Patient Protection and Affordable Care Act (ACA). This landmark case has set a new precedent that will have long-lasting effects on the relationship between the populace, Congress, and the Judicial Branch. In order to understand the details and implications of the decision, it is necessary first to review the case law, scholarly debate, and the arguments submitted to the Court. Only then is it possible to grasp Chief Justice Roberts’ reasoning in the Majority Opinion. This thesis presents the necessary background information and attempts to clarify some of the complexities of the case so that readers may make their own informed judgments about the wisdom of the decision.



Individual mandate., Affordable Care Act., Commerce Clause., Taxing power., Roberts., Cost-shifting., Health insurance.