Congressional Digest

Supreme Court Debates May 2012 No. 5 Vol. 15
Lower Court Holding in Florida et al. v. HHS et al.

Health Care Reform

The Constitutionality of the Insurance Mandate

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Lower Court Holding in Florida et al. v. HHS et al.

Decision of the Eleventh Circuit U.S. Court of Appeals

Legal issues concerning the constitutionality of a legislative act present important but difficult questions for the courts. Here, that importance and difficulty are heightened because the [Patient Protection and Affordable Care] Act itself is 975 pages in the format published in the Public Laws; the district court, agreeing with the plaintiffs, held all of the Act was unconstitutional; and on appeal, the government argues all of the Act is constitutional. We, as all Federal courts, must begin with a presumption of constitutionality, meaning that “we invalidate a congressional enactment only upon a plain showing that Congress has exceeded its constitutional…

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