Defending the Judeo-Christian Heritage, limited government, and the American Constitution
Thursday February 11th 2016

Day 2: Individual Mandate


Washington, DC – Today the U.S. Supreme Court will hear the second day of oral argument in Florida v. United States Department of Health and Human Services, which will focus on the individual mandate of ObamaCare.

Yesterday’s argument focused on the Anti-Injunction Act (AIA). If the AIA applies, the Court may not be able to reach the decision on the individual mandate until after it becomes effective in 2014 or thereafter. However, judging by the comments and questions of the Justices, it appears that a majority of the Justices do not believe the AIA applies to this case and will therefore reach the merits of the case. Liberty Counsel filed a brief with the Court on the AIA, and it was Liberty Counsel’s case, Liberty University v. Geithner, that presented the issue before the Court.

The crux of the case is the individual mandate during the second day of argument. Liberty Counsel filed a second brief before the Court, arguing that the individual mandate exceeds Congress’s authority under the Commerce Clause. Tomorrow, the Court will consider the Medicaid provision and also hear argument on whether provisions of the law can be severed, allowing portions of the law to remain in effect.

Liberty Counsel filed the first private lawsuit against ObamaCare on the same day it was signed into law. This is the only pending case at the Supreme Court that challenges both the individual and the employer mandates. Liberty Counsel filed two amicus briefs with the Supreme Court, addressing both the Anti-Injunction Act and the Commerce Clause.

Audio of the argument will be made available two hours after the end of each day’s proceedings. This link will be updated by the Supreme Court to contain the audio from various cases, and the Court also plans to release the transcripts shortly after the close of the session.

Mathew Staver, Founder and Chairman of Liberty Counsel said: “Based on the questions and comments of the Justices, it appears that a majority believe the Court can decide the merits now and not wait until 2014. The first day was a good beginning on the road to overturn ObamaCare.”

Used with the permission of Liberty Counsel.