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National Federation of Independent Businesses v. Sebelius

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Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 255–266.
Published: 01 April 2013
... Sonia Sotomayor) joined the chief justice’s determination that the mandate was nevertheless constitutional as an exer- 2. National Federation of Independent Business v. Sebelius, 648 F.3d 1235 (11th Cir. 2011). 3. Thomas More Law Center v. Obama, 651 F.3d 529 (6th Cir. 2011). 4. Seven-­Sky...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 267–272.
Published: 01 April 2013
...Mark A. Hall National Federation of Independent Business v. Sebelius , the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision — both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2015) 40 (6): 1213–1224.
Published: 01 December 2015
... continuing to emphasize the importance of expansion. Copyright © 2016 by Duke University Press 2016 Medicaid expansion National Federation of Independent Businesses v. Sebelius Ohio John Kasich Affordable Care Act The attainment of near-universal access to health care for Americans is a...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2016) 41 (6): 1061–1081.
Published: 01 December 2016
... of Independent Business v. Sebelius ( NFIB ), which affirmed the constitutionality of the ACA's individual mandate while striking down the requirement that states expand their Medicaid programs (132 S. Ct. 2566 [2012]); Burwell v. Hobby Lobby Stores, Inc. , which held that closely held corporations...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2016) 41 (4): 585–597.
Published: 01 August 2016
... social impact opinions with some regularity. Frequently, as in National Federation of Independent Businesses (NFIB) v. Sebelius (___ U.S. ____, 132 S. Ct. 2566 (2012)), these socially consequential cases involve constitutional questions. But landmark decisions also can focus on the meaning of acts of...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2015) 40 (2): 281–323.
Published: 01 April 2015
... governance approach serves as a “political counterweight to charges of a federal takeover” (Sparer 2011 : 465). Voters are also better able to express their preferences and priorities (Grannemann and Pauly 2010 ). Second, following Justice Louis Brandeis in his opinion in New State Ice Co. v. Liebmann...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 283–289.
Published: 01 April 2013
... decisions over the past two decades. Numerous 1. National Federation of Independent Business v. Sebelius, 567 U.S. __ (slip. op. at 49) (2012). Journal of Health Politics, Policy and Law, Vol. 38, No. 2, April 2013 DOI 10.1215/036168781966270  © 2013 by Duke University Press 284 Journal of...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2016) 41 (2): 239–286.
Published: 01 April 2016
.... Governor Snyder toured the state along with the head of the Small Business Association of Michigan, an association that helped him parry ongoing opposition from small and medium firms in the National Federation of Independent Business (or NFIB; Anders 2013 ). This national association pushed against...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2018) 43 (6): 991–1012.
Published: 01 December 2018
... Federation of Independent Business v. Sebelius , which upheld the constitutionality of the statute. That was a complex case. For purposes of the present discussion, I focus on one aspect of it alone—the “individual mandate” written into the ACA, requiring all Americans to purchase health insurance or to...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2014) 39 (4): 947–953.
Published: 01 August 2014
... Independent Business v. Sebelius upholding the individual mandate and other aspects of the ACA but finding the Medicaid expansion unconstitutionally coercive because it made continued receipt of all federal Medicaid matching dollars contingent on participating in the expansion. This, essentially, made the...
Journal Article
Journal of Health Politics, Policy and Law (1 February 2014) 39 (1): 97–137.
Published: 01 February 2014
... “Amycare.” But an unusual coalition of Democrats and Colorado business groups, including the state chamber of commerce and the state chapter of the National Federation of Independent Business, came together to win approval of exchange legislation (Goldman 2012 ). Exchange planning activity often...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2014) 39 (6): 1277–1288.
Published: 01 December 2014
... secure coverage for most citizens with earnings below the federal poverty level (FPL). However, the Supreme Court decision in National Federation of Independent Business v. Sebelius , 132 S. Ct. 2566 (2012), negated the mandated expansion and thrust polarizing decisions into state legislatures across...
Journal Article
Journal of Health Politics, Policy and Law (1 February 2018) 43 (1): 109–127.
Published: 01 February 2018
... expand access to care for low-income and underserved populations. First, the 2012 Supreme Court ruling in National Federation of Independent Business v. Sebelius (132 S. Ct. 2566) made expanding eligibility criteria to include childless adults and other individuals with incomes below 138 percent of the...
Journal Article
Journal of Health Politics, Policy and Law (1 February 2012) 37 (1): 99–128.
Published: 01 February 2012
... Reform . Inquiry 46 : 187 – 202 . Bunce V. C. Wieske J. P. . 2009 . Health Insurance Mandates in the States 2009 . Alexandria, VA : Council for Affordable Health Insurance . Cantor J. C. 1990 . Expanding Health Insurance Coverage: Who Will Pay? Journal of Health...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2018) 43 (2): 271–304.
Published: 01 April 2018
... organizations, including Americans for Prosperity (AFP); small-business organizations such as the National Federation of Independent Business (NFIB); and religiously affiliated employers, who oppose the ACA's contraceptive mandate (Haeder and Weimer 2013 ; Jacobs and Callaghan 2013 ; Béland, Rocco, and Waddan...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2018) 43 (4): 579–603.
Published: 01 August 2018
... Supreme Court. In National Federation of Independent Business v. Sebelius (567 U.S. 519 [2012]), which effectively rendered the ACA's adult Medicaid eligibility expansion optional, Chief Justice John Roberts famously characterized the expansion as “a shift in kind, not degree.” Congress, he wrote, had...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2017) 42 (6): 1039–1064.
Published: 01 December 2017
... studies of federal notice-and-comment processes and our own comparison to the Medicare Part C rule discovered that business interests submit the majority of comments (Yackee and Yackee 2006 ). Second, in contrast to prior work suggesting that the substantive quality of citizen comments is low, especially...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2018) 43 (4): 683–706.
Published: 01 August 2018
... health care. Arguing before the Supreme Court in National Federation of Independent Business v. Sebelius (567 U.S. 519 [2012]), Solicitor General Donald Verrilli defended the ACA mandate to buy health insurance “because of the social norms to which we've obligated ourselves so that people get health...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 225–241.
Published: 01 April 2013
... constitutional solecism by harping on the unprecedented nature of the mandate as somehow a symptom of 4. National Federation of Independent Business v. Sebelius (2012) 132 S. Ct. 2566, 23. 230 Journal of Health Politics, Policy and Law its invalidity. (He does acknowledge that, of course, “there...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2016) 41 (2): 287–300.
Published: 01 April 2016
... premium subsidies through the ACA. Following the US Supreme Court's NFIB v. Sebelius decision in June 2012 (National Federation of Independent Business, et al. v. Kathleen Sebelius, Secretary of Health and Human Services, (2012) 648 F. 3d 1235, affirmed in part and reversed in part), which...