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Nos. 11-1057 & 11-1058 IN THE UNITED STATES COURT OF ...
Get Nos. 11-1057 & 11-1058 IN THE UNITED STATES COURT OF ...
REL. KENNETH T. CUCCINELLI, II, In his official capacity as Attorney General of Virginia, Plaintiff-Appellee/Cross-Appellant, v. KATHLEEN SEBELIUS, Secretary of the Department of Health and Human Services, in her official capacity, Defendant-Appellant/Cross-Appellee. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA BRIEF AMICUS CURIAE OF AARP IN SUPPORT OF DEFENDANT-APPELLANT/CROSS-APPELLEE AND REVERSAL.
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KFF FAQ
Virginia v. Sebelius is a federal lawsuit in which Virginia has challenged President Obama's signature legislative initiative of health care reform. Virginia has sought declaratory and injunctive relief to vindicate a state statute declaring that no Virginia resident shall be required to buy health insurance.
The court affirmed the District Court's holding that the individual mandate exceeds Congress's power. 648 F. 3d 1235 (2011). The panel unanimously agreed that the individual mandate did not impose a tax, and thus could not be authorized by Congress's power to “lay and collect Taxes.” U. S. Const., Art. National Federation of Independent Business v. Sebelius justia.com https://supreme.justia.com › cases › federal justia.com https://supreme.justia.com › cases › federal
The Court determined that the individual mandate was not valid under the Commerce Clause because Congress cannot use that power to require someone to buy health insurance. However, the Court did uphold it as a valid use of Congress' taxing power, treating the penalty for failure to purchase insurance as a tax. National Federation of Independent Business v. Sebelius (2012) constitutioncenter.org https://constitutioncenter.org › supreme-court-case-library constitutioncenter.org https://constitutioncenter.org › supreme-court-case-library
' The Court found that the individual mandate does not target existing commercial activity, but rather compels individuals to become involved in one. For Congress to be able to regulate individuals for doing nothing oversteps the bounds of its Constitutional grant of authority it possesses under the Commerce Clause. National Federation of Independent Business v. Sebelius (2012) | Wex cornell.edu https://.law.cornell.edu › wex › national_federation... cornell.edu https://.law.cornell.edu › wex › national_federation...
Rowland Related content
Commonwealth of Virginia v Kathleen Sebelius
Sep 15, 2014 — Page 1. Case: 11-1057 Document: 13 Date Filed: 01/26/2011 Page: 1. IN THE...
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