national federation of independent business vs sebelius

We have never held that any exaction imposed for violation of the law is an exercise of Congress’ taxing power—even when the statute calls it a tax, much less when (as here) the statute repeatedly calls it a penalty. Federal and state law, as well as professional obligations and embedded social norms, require hospitals and physicians to provide care when it is most needed, regardless of the patient’s ability to pay. Second, after the invalidation of burdens on individuals (the Individual Mandate), insurers (the insurance regu- lations and taxes), States (the Medicaid Expansion), the Federal Government (the federal subsidies for exchanges and for the Medicaid Expansion), and hospitals (the reduc tions in reimbursements), the preservation of the employer-responsibility assessment would upset the ACA’s design of “shared responsibility.” It would leave employers as the only parties bearing any significant responsibility. (CCH) P50,423, 109 A.F.T.R.2d (RIA) 2563, 80 A.L.R. Id., at 169–174. Such a massive undertaking would hardly be “ritualistic.” Ibid. IV), 42 U. S. C. §18071 (2006 ed., Supp. See supra, at 5–7, 16–17. The States are separate and independent sovereigns. This is typical of the whole dynamic of the Act. 24  The joint dissenters, for their part, would make this the entire inquiry. 5  Echoing The Chief Justice, the joint dissenters urge that the minimum coverage provision impermissibly regulates young people who “have no intention of purchasing [medical care]” and are too far “removed from the [health-care] market.” See post, at 8, 11. Under the current health-care system, healthy persons who lack insurance receive a benefit for which they do not pay: They are assured that, if they need it, emergency medical care will be available, although they cannot afford it. That is because the “Framers split the atom of sovereignty[,] . The coercion inquiry, therefore, appears to involve polit- ical judgments that defy judicial calculation. Its answer depends on whether Congress can exercise what all acknowledge to be the novel course of directing individuals to purchase insurance. A person who self-insures opts against prepayment for a product the person will in time consume. See Alaska Airlines, supra, at 685 (“[T]he unconstitu- tional provision must be severed unless the statute cre- ated in its absence is legislation that Congress would not have enacted”); see also Free Enterprise Fund, supra, at ___ (slip op., at 29) (“[N]othing in the statute’s text or historical context makes it ‘evident’ that Congress, faced with the limitations imposed by the Constitution, would have preferred no Board at all to a Board whose members are removable at will”); Ayotte v. Planned Parenthood of Northern New Eng., 546 U. S. 320, 330 (2006) (“Would the legislature have preferred what is left of its statute to no statute at all”); Denver Area Ed. In an- other context, this Court similarly upheld Congress’ authority under the commerce power to compel an “inactive” land- holder to submit to an unwanted sale. Finding the mandate severable from the Act’s other provisions, the Eleventh Circuit left the rest of the Act intact. . 11–398 (Minimum Coverage Provision) 24 (hereinafter Petitioners’ Minimum Coverage Brief). The joint dissent and The Chief Justice cor- rectly apply our precedents to conclude that the Individual Mandate is beyond the power granted to Congress un- der the Commerce Clause and the Necessary and Proper Clause. On the day the President signed the Act into law, Florida and 12 other States filed a complaint in the Federal District Court for the Northern District of Florida. With no exchanges, there are no purchases on the exchanges; and with no purchases on the exchanges, there is nothing to trigger the employer-responsibility assessment. Those risks would undermine Congress’ scheme of “shared responsibility.” See 26 U. S. C. §4980I (2006 ed., Supp. Id., at 127–129. See, e.g., College Savings Bank v. Florida Prepaid Postsecondary Ed. They gave Congress the power to regulate commerce, not to compel it. As these decisions show, Pennhurst’s rule demands that conditions on federal funds be unambiguously clear at the time a State receives and uses the money—not at the time, perhaps years earlier, when Congress passed the law establishing the program. . Decided June 28, 2012 See ibid. 2d 1256 (ND Fla. 2011). Some States may indeed decline to participate, either because they are unsure they will be able to afford their share of the new funding obligations, or because they are unwilling to commit the administra tive resources necessary to support the expansion. For all these reasons, to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it. The second question is whether the congressional power to tax and spend, U. S. 1465. One would expect this Court  to demand more than fly-by-night briefing and argument before deciding a difficult constitutional question of first impression. And one is not now purchasing the health care covered by the insurance mandate simply because one is likely to be purchasing it in the future. The con-ditions imposed by Congress ensure that the funds are used by the States to “provide for the . Congress has set out to remedy the problem that the best health care is beyond the reach of many Americans who cannot afford it. In failing to explain why the individual mandate threatens our constitutional order, The Chief Justice disserves future courts. I therefore join Parts I, II, and III–C of The Chief Justice’s opinion. See supra, at 38–39 (citing 42 U. S. C. §1304); Brief for Petitioners in No. 27–30. . IV). See Nat. There is no mandatory coverage for most childless adults, and the States typically do not offer any such coverage. Expense Bd., 527 U. S. 666, 686 (1999) (by attaching conditions to federal funds, Congress may induce the States to “tak[e] certain actions that Congress could not require them to take”).

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