Litigation

NHeLP’s Analysis of the Supreme Court Decision

NFIB, Its Progeny and other ACA Challenges

Since its enactment in 2010, the Affordable Care Act (ACA) has been subjected to relentless litigation, with over two dozen federal court cases filed so far. In NFIB, the Supreme Court largely upheld the law, but ruled the Medicaid expansion unduly coercive. The NFIB decision will result in new legal challenges and the already-existing cases targeting other parts of the law will continue to move forward.

Webinar presentation: The Supreme Court’s Decision on the Affordable Care Act: Call to Action (Jul. 2012)
NHeLP presentation: The Supreme Court’s Decision on the Affordable Care Act: Call to Action (Jul. 2012)
The Decision: National Federation of Independent Business v. Sebelius (Jun. 2012)
NHeLP's Summary of the Supreme Court Decision on the ACA: Court removes the "gun from the States' heads" but leaves open possibility of States shooting themselves in the foot (Jun. 2012)

Dockets

ACA Litigation Docket: Closed Cases (updated 1/10/2013)
ACA Litigation Docket: Pending Challenges Post NFIB (updated 3/14/2013)

Amicus Briefs

NHeLP’s Summary of Amicus briefs filed in Florida v. Department of Health & Human Services and National Federation of Independent Business v. Sebelius (Mar. 2012)
NHeLP’s Amicus Brief to the Supreme Court Supporting the ACA’s Medicaid Expansion (Feb. 2012)
NHeLP and Public Health Amicus Brief to the Supreme Court on Severability (Jan. 2012)

Supreme Court Oral Argument Summary and Analysis

NHeLP Overview to the Upcoming Supreme Court Decision on the ACA (Jun. 2012)
Supreme Court Recap: How the Oral Arguments got Medicaid Wrong (Apr. 2012)
Health Advocate Volume 0: Litigation Update on the ACA’s Medicaid Expansion (Mar. 2012)
15 Problems with State Officials' Supreme Court Argument that the ACA Medicaid Expansion is Unconstitutionally Coercive (Mar. 2012)