NFIB Sebelius Dissent

ObamaCare

SCALIA, KENNEDY, THOMAS, and ALITO, JJ., dissenting   SUPREME COURT OF THE UNITED STATES _________________ Nos. 11–393, 11–398 and 11–400   _________________ NATIONAL FEDERATION OF INDEPENDENT   BUSINESS, ET AL ., PETITIONERS 11–393 v.   KATHLEEN SEBELIUS, SECRETARY OF HEALTH   AND HUMAN SERVICES, ET AL .   DEPARTMENT OF HEALTH AND HUMAN     SERVICES, …

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NFIB Sebelius Dissent Thomas

Justice Clarence Thomas

THOMAS, J., dissenting   

SUPREME COURT OF THE UNITED STATES
_________________
Nos. 11-–393, 11–-398 and 11–-400  
_________________
NATIONAL FEDERATION OF INDEPENDENT  
BUSINESS, ET AL ., PETITIONERS
11-–393 v.  
KATHLEEN SEBELIUS, SECRETARY OF HEALTH  
AND HUMAN SERVICES, ET AL .
 
DEPARTMENT OF HEALTH AND HUMAN    
SERVICES, ET AL ., PETITIONERS  
11–-398 v.  
FLORIDA ET AL .
 
FLORIDA, ET AL ., PETITIONERS
11-–400 v.  
DEPARTMENT OF HEALTH AND  
HUMAN SERVICES ET AL .

ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT  

[June 28, 2012]

Commerce Clause

U.S. CONSTITUTION

ARTICLE I

SECTION 8

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

[Clause 3] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

The most recent review of Congress’ Commerce Clause power is in the 2012 U.S. Supreme Cort opinion National Federation of Independent Business v. Sebelius, also known as the Affordable Care Act or “Obamacare” case. Links to the major components of this nearly 200-page Supreme Court opinion appear at the end of this article. But first, a brief history of the Commerce Clause.