Nat'l Fed'n of Indep. Bus. v. Sebelius
| Docket Number | 11-393 |
| Decision Date | 28 June 2012 |
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733 cases
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Friends River v. N. Coast R.R. Auth.
...to this end the provisions of this division are severable." ( Pub. Resources Code, § 21173, italics added; cf. NFIB v.Sebelius (2012) 567 U.S. 519, 132 S.Ct. 2566, 183 L.Ed.2d 450 [giving effect to a similarly worded severability provision].) The severability clause establishes a presumptio......
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Stand Up for Cal. v. U.S. Dep't of the Interior
...... violate state sovereignty and are thus not in accord with the Constitution.’ " National Federation of Independent Business v. Sebelius, 567 U.S. 519, 620, 132 S.Ct. 2566, 183 L.Ed.2d 450 (2012) ; (quoting Printz v. United States , 521 U.S. 898, 925, 935, 117 S.Ct. 2365, 138 L.Ed.2d 914 ......
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Kan. Natural Res. Coal. v. U.S. Dep't of Interior
...in the park"—an unequivocal but nevertheless ambiguous mandate—illustrates this point. See Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. 519, 562, 132 S.Ct. 2566, 183 L.Ed.2d 450 (2012) ; H.L.A. Hart, Positivism and the Separation of Law and Morals, 71 Harv. L. Rev. 593, 607 ...
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City of Columbus v. Trump
...number of Americans covered by health insurance and decrease the cost of health care." Nat'l Fed'n of Indep. Bus. v. Sebelius , 567 U.S. 519, 538, 132 S.Ct. 2566, 183 L.Ed.2d 450 (2012) (" NFIB "). The ACA "adopts a series of interlocking reforms designed to expand coverage in the individua......
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13 firm's commentaries
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Is A Wealth Tax Constitutional? The Moore Case
...taxes on real property, taxes on personal property, and taxes on income from personal property. Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. 519, 571 (2012) But the people changed that system. In 1913, the people created a limited exception to the apportionment requirement. By ratifying......
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Certiorari Granted In Connelly
...13, 2023. "DIG" means "dismiss as improvidently granted". The article refers to Chief Justice Roberts's 2012 opinion in NFIB v. Sebelius, 567 U.S. 519 (2012), and I believe Chief Justice Roberts's dictum in the Obamacare decision calls into question the constitutionality of a wealth tax, bu......
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Bankruptcy And IRC Section 4980H
...Court affirmed the use of this "functional approach" analysis of an exaction in Nat'l Fed'n of Independ. Bus. v. Sebelius ("NFIB"), 567 U.S. 519 (2012), which addressed whether the individual shared responsibility payment of the ACA passed Constitutional muster under the Taxing Clause. At t......
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The Wheels Of CDA Case Law Go Round And Round: A Case Law Update All Through The Town (Or The First Half Of 2023)
...a penalty "intended to deter" certain conduct, the Board cited the Supreme Court's holding in Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012), that the Affordable Care Act constituted a tax, reasoning "it is well-established that taxes have always been instruments of policy mean......
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150 books & journal articles
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Table of Cases
...F.T.C. 488 (1973), remanded in part , 492 F.2d 1333 (2d Cir. 1974), 11, 35, 116 National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), 1384 Nature’s Products v. Natrol, Inc., 990 F. Supp. 2d 1307 (S.D. Fla. 2013), 811 Navajo Nation v. Urban Outfitters, Inc., 935 F.......
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Inconvenient Federalism: The Pandemic, Abortion Rights, and the Commerce Clause
...to make the Religious Freedom Restoration Act of 1993 apply to the States). 3. See Nat’l Fed’n of Indep. Bus. (“NFIB”) v. Sebelius, 567 U.S. 519, 577–78 (2012) (opinion of Roberts, C.J.) (“Congress may use its spending power to create incentives for States to act in accordance with federal ......
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UNEASY LIES THE HEAD THAT WEARS THE CROWN: A CHIEF JUSTICE'S STRUGGLE FOR HIS COURT.
...v. Vance. 140 S. Ct. 2412, 2420, 2431 (2020). (144) See King v. Burwell, 576 U.S. 473, 498 (2015); Nat'l Fed'n Indep. Bus. v. Sebelius, 567 U.S. 519. 529-30, 588 (2012); see also Joan Biskupic. The Inside Story of How John Roberts Negotiated to Save Obamacare. CNN (Mar. 25, 2019), http://ww......
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ADEQUATE AND EFFECTIVE: POSTCONVICTION RELIEF THROUGH SECTION 2255 AND INTERVENING CHANGES IN LAW.
...Ctr. v. Obama, 651 F.3d 529, 565 (6th Cir. 2011) (Sutton, J., concurring in part), abrogated by Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. 519 (38) Federal judges do not have the freedom to craft equitable decisions that judges enjoyed at common law. As all students of federal civil p......
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