National Federation of Independent Business v. Sebelius

Summary

The dissent argues the Individual Mandate exceeds Congress's Commerce Clause power by regulating inactivity, and the penalty is not a tax. It finds the Medicaid Expansion coercive and exceeds the Spending Power. The authors conclude the whole Act should be invalid as the unconstitutional provisions are inseverable. (Note the separate dissent by Justice Thomas addressing original understandings, and concurrence/dissent by Justice Ginsburg supporting the mandate under Commerce and Spending powers.)