In one of the most controversial and closely watched cases in decades, the U.S. Supreme Court, by a 5-4 vote, upheld the constitutionality of most of the Patient Protection and Affordable Care Act, President Barack Obama’s signature legislative accomplishment. In the most notable part of the decision, the Court upheld the act’s mandate requiring individuals to purchase health insurance or pay a penalty.
The majority opinion, written by Chief Justice John Roberts Jr., first found that the Anti-Injunction Act, which prohibits court challenges to taxes until the tax has actually been paid, did not bar the challenge to the individual mandate, since Congress did not intend the mandate to be a tax for the purposes of the Anti-Injunction Act, but rather intended it to be a penalty.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]