On January 27, 2012, the National Health Law Program, Public Health Law & Policy, and public health organizations filed an amicus brief with the U.S. Supreme Court supporting the Affordable Care Act (ACA). The brief was filed in support of the federal government’s position on the question of severability. It argues that, given the federal government’s longstanding commitment to improving and protecting public health, the ever-growing importance of public health and prevention for the health and security of the nation, and the stand-alone nature of the ACA’s prevention and public health provisions, the Court should find for the government on the question of severability, should that question be reached.

The brief emphasizes the crucial importance of federal public health and prevention initiatives and provides the Court with a brief history of federal involvement in public health, an explanation of the importance of prevention and public health initiatives to the health, welfare and security of the country, and a detailed description of the key prevention and public health provisions contained in the ACA.