National Federation of Independent Business v. Sebelius, S — Ginsburg, J., Concurring in Part and Dissenting…

Summary

Justice Ginsburg concludes that the minimum coverage provision is a proper exercise of Congress' taxing power, agreeing with The Chief Justice. She argues that alternatively, the provision is valid under the Commerce Clause because the uninsured are active participants in the health-care market. She further concludes that the Medicaid expansion is within Congress' spending power and not unduly coercive. Justice Scalia, dissenting, argues the mandate exceeds Congress' power and the Medicaid expansion is unconstitutional coercion.