On June 28, 2012, the Supreme Court issued its opinion on Natl. Fedn. of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012). This opinion is a landmard decision on the constitutionality of the Patient Protection and Affordable Care Act which was passed by Congress and signed into law on March 23, 2010.
While this decision will have many lasting affects, one of the most important points of this opinion was on the individual mandate. Shortly after this law was passed many constitutional scholars started to question whether Congress had the power under the Commerce Clause to mandate individuals to do something when they were not otherwise engaged in commerce.
The Supreme Court ultimately found the mandate constitutional under the Tax Power. However, the Court also held that Congress does not have the power to mandate indviduals to act under the Commerce Clause when they are not voluntartily engaged in commerce. Many commentators questioned whether existing laws will be affected by this ruling. This libguide will discuss various commentators' views and provide pdf's to cases that have addressed this issue.
Cases determining that the Sex Offender Registration and Notification Act (“SORNA”) is still constitutional after NFIB v. Sebelius
Cases determining that Possession of Firearm under 18 U.S.C. 922(g)(1) is still valid after NFIB v Sebelius