Question

Case 5.1 National Federation of Independent Business v. Sebelius (2012)--- please explain about this case in 500 words?

Refernce -- https://www.law.cornell.edu/supremecourt/text/11-393

Answer 1

National Federation of Independent Business v. Sebelius, 567 is considered as a landmark for the decision of the Supreme Court wherein the power of the congress was upheld for enacting the patient protection and affordable care act provisions. This is also known as Obamacare and the Health Care and Education Reconciliation Act(HCERA). The act showed important changes that were made to the health care system in America. This had lot of debate and division related to the political party lines. There were several parties which also included National Federation of Independent Business and there was claim that there was unconstitutional aspect attached to reforming law. Certiorari was granted to the case and the arguments were about 5½ hours. This was related to the concerns of the constitutionality of the mandate of individual and unconstitutional provisions and its severity. There were many issues that were fragmented in this case. The opinion of the court was written for injunction act and the taxing power of the congress. There was issue declared stating that the anti injunction act does not preclude the individual mandate related to the litigation for the mandate. The reason is because of the labeling of ACA for the individual mandate as penalty and not tax. This restricts it from getting treated as the tax under the act of anti injunction