National Federation of Independent Business, et al. v. Sebelius

Whether the ACA must be invalidated in its entirety because it is nonseverable from the individual mandate that exceeds Congress’ limited and enumerated powers under the Constitution.

NCLC urged the U.S. Supreme Court to strike down the entire Patient Protection and Affordable Care Act (PPACA), if the Supreme Court rules that the individual mandate is unconstitutional. According to NCLC's amicus brief, the individual mandate is a central component of the PPACA; without the mandate, the Act cannot possibly function as designed. The amicus brief does not address the constitutionality of the individual mandate. The brief explains that if the PPACA’s remaining insurance reforms are left to stand without the individual mandate, it will wreak havoc on the health insurance market. 

The U.S. Supreme Court upheld the health care law. According to the opinion of the Court, the Anti-Injunction Act does not bar the lawsuit. The Court also ruled that the individual mandate may be upheld as within Congress's power under the Taxing Clause. 

Cert. petitions filed 9/28/2011. NCLC amicus brief filed 10/25/11. Cert. granted 11/14/11, in tandem with HHS v. Florida (11-398) and Florida, et al. v. HHS (11-400). NCLC amicus brief on the merits filed 1/6/12. Oral arguments held 3/28/12. Decided 6/28/12.