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Health insurance requirement

National Federation of Independent Business v. Sebelius

Updated Oct 26, 2026

In brief

The Supreme Court partly left the lower court’s ruling in place and partly overturned it.

Where it stands
Decided

Decided 9-0 · June 28, 2012 · Opinion by Chief Justice Roberts

What it’s about
Businesses and states challenged the Affordable Care Act’s insurance requirement and Medicaid expansion.
Who it affects
The parties received a mixed result: some parts of the lower court’s ruling remained in place, while others were overturned.

Summary: written with AI from the case record.

Illustration for National Federation of Independent Business v. Sebelius
Conceptual illustration · AI-generated

What it's about

The Supreme Court upheld the insurance requirement under Congress’s power to tax and ruled Congress could not threaten states with loss of existing Medicaid funds for refusing the expansion; it agreed with the lower court on some issues and overturned its ruling on others.

The case brought together challenges to the Affordable Care Act’s health-insurance requirement and its Medicaid expansion.

Question presented

1. Is the suit brought by respondents to challenge the minimum coverage provision of the Patient Protection and Affordable Care Act barred by the Anti-Injunction Act, 2 U.S.C. 7421(a)? 2. Does Congress have power under Article I, Section 8 of the Constitution, specifically under the Commerce Clause or the Taxing and Spending Clause, to require most Americans to purchase health insurance? 3. Is the individual mandate severable from the ACA? 4. Did Congress exceed its enumerated powers and violate principles of federalism when it pressured States into accepting conditions that Congress could not impose directly by threatening to withhold all federal funding under Medicaid, the single largest grant-in-aid program?

What the Court decided

Holding

Adjudged to be affirmed IN PART, reversed IN PART. Roberts, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-C., in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined; an opinion with respect to Part IV, in which Breyer and Kagan, JJ., joined; and an opinion with respect to Parts III-A, III-B, and III-D. Ginsburg, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Sotomayor, J., joined, and in which Breyer and Kagan, JJ., joined as to Parts I, II, III, and IV. Scalia, Kennedy, Thomas, and Alito, JJ., filed a dissenting opinion. Thomas, J, filed a dissenting opinion.

The vote

  • Joined the judgment
  • Wrote an opinion
Majority · 9joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Thomas
  4. Scalia
  5. Kennedy
  6. Ginsburg
  7. Sotomayor
  8. Robertswrote the opinion
  9. Alito
9 justices joined the judgment.

What's next

The Supreme Court has issued its judgment. The docket disposition does not specify a further step for lower courts, agencies or affected parties.

Documents

2

Opinions

  • NFIB

    Roberts, Iii-C, Ginsburg, Breyer, Sotomayor, Elagan, Kagan, Iii-D, Scalia, Kennedy, Thomas, Alito

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Oct 26, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 26, 2026 · Generated

  • New analysis added

    Oct 26, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 26, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 26, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 26, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 26, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Sebelius

    Oct 30, 2014 · Court records

  • Opinion added: NFIB

    Jun 28, 2012 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 26, 2026Methodology

Court records and filings

Reporting and analysis