Emerson Bennett

October 29, 2013

Block 2

PUBLIC POLICY

National Federation Of Independent Business V. Sebelius

• National Federation of Independent Business v. Sebelius (Kathleen Sebelius, Secretary of Health and Human Services)

• Heard on March 28, 2012

• Decided that same year on June 28

• Final vote was 5-4

PRIOR EVENTS

• Not all Americans had or wanted healthcare and not all could afford it

• President Obama wanted to provide healthcare for everyone

• President Obama signed the Patient Protection and Affordable Care Act into law on March 23rd, 2010

IMPORTANT CLAUSES

Necessary and Proper Clause(Article I, Section 8)

Congress has the power to do whatever is necessary and

proper to carry out their duties

Commerce Clause(Article I, Section 8, Clause 3)

Congress has the power to commerce trade with foreign

countries, states and Indian tribes

Taxing (Spending) Clause(Article I, Section 8, Clause 1)

Congress has the power to lay and collect taxes where the money that is collected will go toward

the benefit of our country

ARGUMENTS OF THE PLAINTIFF

• Plaintiff: National Federation of Independent Business

• The NFIB says that the ACA is unconstitutional because

-States are forced to enact the Affordable Care Act or they will loose money for Medicaid

-Paying a “penalty” is not constitutional

ARGUMENTS OF THE DEFENDANT

• Defendant: Kathleen Sebelius

• The punishment for not having health care is a tax not a penalty

• Her argument was:

• The Commerce Clause

• The Necessary and Proper Clause

• The Taxing Clause

AMICUS CURIAE BRIEFS

• Judicial Watch filed an amicus curiae brief

• Judicial Watch is a company that “investigates and fights government corruption”

• February 13, 2012 (Filed before the court argument)

• Judicial Watch said that the ACA was considered unconstitutional because Congress was exceeding their commerce power and it’s taxing power

• “Congress’ power is not broad enough”

• Did this on behalf of 26 other states

States that Judicial Watch filed an Amicus Curiae Brief on Their Behalf

1. Alabama

2. Alaska

3. Arizona

4. Colorado

5. Georgia

6. Florida

7. Idaho

8. Indiana

9. Iowa

10. Kansas

11. Louisiana

12. Maine

13. Michigan

14. Mississippi

15. Nebraska

16. Nevada

17. North Dakota

18. Ohio

19. Pennsylvania

20. South Carolina

21. South Dakota

22. Texas

23. Utah

24. Washington

25. Wisconsin

26. Wyoming

SUPREME COURT’S DECISION

• The court voted 5-4 on June 28, 2012

• Declared constitutional

• Chief Justice John Roberts declared it unconstitutional under the Commerce Clause, Necessary and Proper Clause

• Chief Roberts disagreed with the government when they said that all citizens will eventually need healthcare

• Chief Roberts said it was constitutional because of Congress’ taxing power

With the majority vote and Chief Roberts saying that Congress’ taxing power was enough of a reason, the ACA was declared constitutional.

THE PRECEDENT

• Now it is constitutional to make you pay a tax for not having health care

• It is also now constitutional to make you buy health care

DISSENTING OPINION

• Justices that filed a dissenting opinion: Antonin Scalia (R), Anthony Kennedy (R), Clarence Thomas (R), Samuel Alito (R)

• Argued that it exceeds federal power because it forces Americans to have healthcare and it denies the states money for Medicaid if they don’t use the new system

• The dissenters wanted Medicaid completely gone

Justice Antonin Scalia

Justice Anthony Kennedy

Justice Clarence ThomasJustice Samuel Alito

Justices that filed an Amicus

Curiae Brief

LONG TERM EFFECTS

• Recently we experienced a government shutdown

• The Republicans in Congress did not want the legislation to pass

• Congress had to decide on a budget for the fiscal year but they could not because the budget would higher if the ACA was enacted

• The longer the government was shutdown, the worse of the effect it had our economy

• Require Americans to have health care or pay a tax

KATHLEEN SEBELIUS

• Secretary of Health and Human Services

• Recently, the Obamacare website was launched and soon after, it crashed

• It was reported that the government did not test the website before starting it

• Sebelius has gotten many calls from Republicans and others asking her to resign

• 33 Republican Congress members sent a letter to Obama giving him reasons why she should resign

• Sebelius is not listening to what the people have to say because they are “People I (Sebelius) don’t work for”

• She said that her main focus now is to get the website working

Dave Ramsey On The Affordable Care Act

This website has the link to a video explaining the Affordable Care Act in a very simple, easy to understand way

http://www.daveramsey.com/show/videos/dave-breaks-down-aca-obamacare

WEBSITES USED• http://www.casebriefsummary.com/national-federation-of-independent-business-v-sebelius/

• http://www.daveramsey.com/show/videos/dave-breaks-down-aca-obamacare

• http://www.foleyhoag.com/publications/alerts-and-updates/2012/june/summary-of-supreme-court-affordable-care-act-opinion-062812

• http://www.foxbusiness.com/industries/2012/06/28/health-care-supreme-court/

• http://www.foxnews.com/politics/2013/10/24/sebelius-says-doesnt-work-for-those-calling-for-her-resignation-over-obamacare /

• http://www.foxnews.com/politics/2011/01/18/states-join-obama-health-care-lawsuit-fla/

• http://www.judicialwatch.org/press-room/press-releases/judicial-watch-files-amicus-curiae-brief-with-u-s-supreme-court-challenging-constitutionality-of-obamacare/

• http://www.law.cornell.edu/rules/supct/rule_37

• http://obamacarefacts.com/

• http://www.oyez.org/cases/2010-2019/2011/2011_11_400

• http://www.policymic.com/articles/68275/3-reasons-the-2013-government-shutdown-is-nothing-like-1995

• http://www.questia.com/library/journal/1G1-310164760/national-federation-of-independent-business-v-sebelius

• http://www.scotusblog.com/case-files/cases/national-federation-of-independent-business-v-sebelius /

• http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

• http://supreme.justia.com/cases/federal/us/567/11-393/

• http://www.whitehouse.gov/healthreform/healthcare-overview