At approximately 9:15 a.m. Central time this morning, the U.S. Supreme Court issued its long-awaited decision on the Patient Protection and Affordable Care Act (the Act). In a 5-4 decision delivered by Chief Justice John Roberts, the Court essentially upheld the entire Act, including the individual mandate. Interestingly, Roberts was the deciding vote in upholding the Act, joining Justices Ginsburg, Breyer, Sotomayor and Kagan. Conventional wisdom was that Justice Kennedy would be the swing vote, but as it turns out he joined Justices Scalia, Thomas and Alito in the dissent.

In the majority decision, the Court relied on Congress’ taxing power to uphold the mandate: “Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. That is sufficient to sustain it.”

Article authored by McAfee & Taft Attorney: Brandon Long.

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