NFIB Sebelius Dissent Thomas

Justice Clarence Thomas

THOMAS, J., dissenting   

SUPREME COURT OF THE UNITED STATES
_________________
Nos. 11-–393, 11–-398 and 11–-400  
_________________
NATIONAL FEDERATION OF INDEPENDENT  
BUSINESS, ET AL ., PETITIONERS
11-–393 v.  
KATHLEEN SEBELIUS, SECRETARY OF HEALTH  
AND HUMAN SERVICES, ET AL .
 
DEPARTMENT OF HEALTH AND HUMAN    
SERVICES, ET AL ., PETITIONERS  
11–-398 v.  
FLORIDA ET AL .
 
FLORIDA, ET AL ., PETITIONERS
11-–400 v.  
DEPARTMENT OF HEALTH AND  
HUMAN SERVICES ET AL .

ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT  

[June 28, 2012]

1st Amendment

1st Amendment

U.S. CONSTITUTION AMENDMENT I The first ten amendments to the U.S. Constitution are referred to as the Bill of Rights. The First Amendment, known as the Free Speech (also Freedom of Religion) Amendment, contains three clauses, as follows: [Clause 1, the “Establishment Clause”] Congress shall make no law respecting an establishment of religion, or prohibiting …

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U.S. Constitution and Bill of Rights

U.S. Constitution

U.S. CONSTITUTION  The United States Constitution, consisting of a Preamble, seven Articles and twenty-seven Amendments was initially signed on September 17, 1787. A durable document, intended to adapt to changing times, it was most recently amended in 1992. Legal.com examines several of the Clauses and Amendments of the Constitution in subsections under Supreme Court. By clicking …

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Commerce Clause

U.S. CONSTITUTION

ARTICLE I

SECTION 8

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

[Clause 3] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

The most recent review of Congress’ Commerce Clause power is in the 2012 U.S. Supreme Cort opinion National Federation of Independent Business v. Sebelius, also known as the Affordable Care Act or “Obamacare” case. Links to the major components of this nearly 200-page Supreme Court opinion appear at the end of this article. But first, a brief history of the Commerce Clause.