BLOG

« Return To List

THOMAS MORE LAW CENTER, JANN DEMARS,JOHN CECI, STEVEN HYDER, and SALINA HYDER, v. BARACK HUSSEIN OBAMA, in his official capacity as President of the United States, et al.

QUESTIONS PRESENTED
 

This case challenges Congress’s authority to require private citizens to purchase and maintain “minimum essential” healthcare insurance coverage under penalty of federal law (hereinafter “individual mandate”) pursuant to the Patient Protection and Affordable Care Act.* Petitioners, who are subject to the individual mandate, seek review of the divided opinion of the Sixth Circuit, which upheld the constitutionality of the mandate as a proper exercise of Congress’s Commerce Clause authority.
 

1.Does Congress have authority under the Commerce Clause to require private citizens to purchase and maintain “minimum essential” healthcare insurance coverage under penalty of federal law?
 

2.Is the individual mandate provision of the Act unconstitutional as applied to Petitioners who are without healthcare insurance?
Brief PDF

« Return To List
Archives
2012
2011
2010