Circuit Court

Circuit Court

Liberty University, et al. v. Geithner, et al. (4th Cir.)

The Fourth Circuit ruled that the Anti-Injunction Act bars pre-enforcement challenges to the ACA’s imposition of penalties for violations of the individual and employer mandates, since those penalties are “taxes” within the meaning of the Anti-Injunction Act. 


Virginia v. Sebelius (4th Cir.)

The Fourth Circuit concluded that the Commonwealth of Virginia lacked standing under Article III of the Constitution to challenge the ACA’s individual mandate.


Thomas More Law Center, et al. v. Obama, et al. (6th Cir.)

The Sixth Circuit held that (1) the individual mandate is a valid exercise of Congressional power under the Commerce Clause and the Necessary and Proper Clause, and (2) the individual mandate imposed a regulatory penalty, not a tax, and thus is not an extension of Congress’s power under the Taxing and Spending Clause.


Florida, et al. v. Department of Health and Human Services, et. al. (11th Cir.)

The Eleventh Circuit ruled that (1) the ACA’s expansion of Medicaid did not violate the Tenth Amendment, (2) the individual mandate exceeded Congress’s powers under the Commerce Clause and the Necessary and Proper Clause, (3) the individual mandate imposed a civil penalty rather than a tax and hence could not be authorized under the Taxing and Spending Clause, and (4) the individual mandate could be severed from the remainder of the ACA.


Seven-Sky, et al. v. Holder, et al. (D.C. Cir.)

The D.C. Circuit held that (1) the Anti-Injunction Act did not bar pre-enforcement challenges to enforcement of the ACA’s penalty provisions, and (2) the individual mandate was within Congress’s power under the Commerce Clause.

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