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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.
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by Westlaw
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Merit Briefs:

Certiorari-Stage Documents:

Outcome - Reverse

This case was decided on 28 June, 2012.

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