National Federation of Independent Businesses v. Sebelius Page 6

National Federation of Independent Businesses v. Sebelius general information

Media for National Federation of Independent Businesses v. Sebelius

Audio Transcription for Opinion Announcement - June 28, 2012 (Part 2) in National Federation of Independent Businesses v. Sebelius
Audio Transcription for Opinion Announcement - June 28, 2012 (Part 3) in National Federation of Independent Businesses v. Sebelius
Audio Transcription for Oral Argument - March 26, 2012 in National Federation of Independent Businesses v. Sebelius
Audio Transcription for Oral Argument - March 27, 2012 in National Federation of Independent Businesses v. Sebelius
Audio Transcription for Oral Argument - March 28, 2012 in National Federation of Independent Businesses v. Sebelius

Audio Transcription for Opinion Announcement - June 28, 2012 (Part 1) in National Federation of Independent Businesses v. Sebelius

John G. Roberts, Jr.:

The Medicaid ruling does not affect other provisions of the Affordable Care Act.

States now have a real choice whether to accept the Medicaid expansion that may affect the implementation of the Act going forward.

But, for reasons we explained in our opinion, it does not impair the Act's other provisions in such a way that we must invalidate them in whole or in part.

The Court today rules that Congress does not have the power under the Commerce Clause to enact the individual mandate.

The Court goes on to rule that Congress does have such power under the Taxing Clause.

Finally, the Court rules that the expansion of Medicaid in the Affordable Care Act is unconstitutional to the extent, it allows the federal government to take away a state's Medicaid funds if the state does not adopt the expansion.

Our decision today is based on our responsibility recognized in Marbury versus Madison to say what the law is.

It is not in any way based on our judgment about whether the Affordable Care Act is good policy.

That judgment is for the people acting through their representatives.

It is not our job to save the people from the consequences of their political choices.

The judgment of the Court of Appeals for the Eleventh Circuit is affirmed in part and reversed in part.

Justices Breyer and Kagan joined parts 1, 2, 3(C), and 4 of this opinion.

Justices Ginsburg and Sotomayor joined parts 1, 2, and 3(C) and concurring the judgment with respect to part 4(B).

Justices Scalia, Kennedy, Thomas, and Alito have filed a joint dissenting opinion.

Justice Thomas has filed a dissenting opinion.

Justice Ginsburg has filed an opinion dissenting in part in which Justice Sotomayor joins in which Justices Breyer and Kagan joined in part.