• National Federation of Business v. Sebelius: A Decision for the Ages - A Comment on Chief Justice Roberts' Majority Opinion
  • November 13, 2012 | Author: Moses Luski
  • Law Firm: Shumaker, Loop & Kendrick, LLP - Charlotte Office
  • Earlier this year, prior to the oral arguments before the United States Supreme Court (the “Court”) in National Federation of Business, et al. v. Sebelius ( “National Federation” case), 132 S.Ct. 2566 (2012), I gave a talk to a business group on the likely outcome of the National Federation case. In National Federation, the petitioner challenged the constitutionality of the Patient Protection and Affordable Care Act (the “Affordable Care Act”), in which Congress reformed the national market for healthcare products and services. Like many of my fellow bar members, I wanted to handicap the case, which had been the subject of an inordinate amount of publicity. If you believed the hue and cry, the case represented the “death” (pun intended) of the Republic and the establishment of socialism, tyranny, and totalitarianism. The heart of the challenge to the Affordable Care Act was an objection to its “individual mandate,” which compels an individual to purchase health insurance on pain of financial penalty.