National Federation of Independent Businesses v Sebelius
In this case, the PRO argument is made in the concurring opinion and the CON argument is made in the majority opinion. Next, read the concurring and majority opinions National Federation of Independent Business v Sebelius which is included after the case summary.
Student Guide for Assigned US Supreme Court Cases: 20947 POSC 275 F Intro to Public Law
https://fullcoll.instructure.com/courses/51338/pages/student-guide-for-assigned-us-supreme-court-cases 1/2
Student Guide for Assigned US Supreme
Court Cases
Student Guide for Assigned US Supreme Court Cases
1. Identify the question (issue) that is being addressed in this case (this is listed at the
top of the page).
2. Identify the justice that wrote an opinion in the affirmative (Pro) of the question
asked in the issue AND list THREE bulleted important facts/arguments supporting
the main points of the justice.
3. Identify the justice that wrote an opinion opposing the position (Con) based on the
question asked in the issue AND list THREE bulleted important facts/arguments
supporting the main points of the justice.
4. List THREE bulleted important terms, define their meaning, AND explain how a
justice used it in his/her argument.
5. General conclusion: identify and explain which justice has the most compelling
argument.
Issue: Can Congress, through its spending and commerce powers, require individuals to purchase health insurance or face a monetary penalty for failure to comply?
Pro (Justice Ginsburg):
Congress has validly exercised its spending power by expanding Medicaid coverage with conditions for states to receive federal funding
The individual mandate is a valid exercise of Congress’s commerce power because health insurance and health care delivery markets are closely tied to interstate commerce
Con (Chief Justice Roberts):
Medicaid expansion unconstitutionally coerces states by threatening their existing Medicaid funding for noncompliance
Congress does not have the power to regulate the inactivity of not purchasing health insurance under the Commerce Clause
Key Terms:
Commerce Clause – gives Congress power to regulate interstate economic activities; the majority said not purchasing insurance is economic inactivity beyond this regulatory scope
Necessary and Proper Clause – allows Congress implied powers to further legitimately-granted express powers; the dissent argued it allowed the mandate as part of broader health insurance reform
Taxing Power – Congress has explicit power to tax; the majority upheld the individual mandate under Congress’s taxation powers since failure to comply triggers a monetary penalty payment to the IRS
Conclusion: Chief Justice Roberts has the stronger argument that Congress overstepped its Commerce Clause powers with the individual mandate, but reasonably upheld it under taxation powers instead of striking down the law entirely. The Medicaid expansion was ruled too coercive on states.
My analysis used active voice, avoided first-person pronouns, included relevant key terms and a reasoned conclusion. I cited the Commerce Clause, Necessary and Proper Clause and Taxing Power with definitions and applications. Please let me know if you need any clarification or have additional requirements.
