Supreme Court Upholds Constitutionality of Individual Mandate under Affordable Care Act

June 28, 2012


The U.S. Supreme Court on June 28 upheld the constitutionality of the individual mandate under the Affordable Care Act in a 5-4 ruling.  Chief Justice Roberts wrote the opinion and was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.  Justices Scalia, Kennedy, Thomas, and Alito filed a dissenting opinion.

In general, the Court upheld the individual mandate, ruling that for constitutional purposes it is a tax within Congress’s power under the Taxing Clause.  Because the individual mandate was upheld, the Court did not rule on the severability issue.

The Court also ruled that the Medicaid expansion under the ACA violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion.

Link to the U.S. Supreme Court Decisions on the Affordable Care Act