National Federation of Independent Businesses v. Sebelius (Is the Mandate Severable?)
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| Case Term | OT 2011 |
| Category | Constitutional Law |
| Question Presented | The question presented is whether the ACA must be invalidated in its entirety because it is nonseverable from the individual mandate that exceeds Congress’ limited and enumerated powers under the Constitution. (Question #1 from NFIB Petition) |
| Lower Court's Decision | The Court of Appeals for the 11th Circuit held that the ACA need not be invalidated because it is inseverable from the unconstitutional individual mandate. A vote to AFFIRM means that YES, the mandate is severable. A vote to REVERSE means that the mandate is not severable. |
| Research for TWEN users by Westlaw  |
Merit Briefs:Certiorari-Stage Documents: |
Outcome - Reverse
This case was decided on 28 June, 2012.
