What was the primary issue in NFIB versus Sebelius ?
Professor Randy Barnett explains that this was not a Commerce Clause case because the Supreme Court had already decided that Congress could regulate insurance. In NFIB v. Sebelius, the question was whether the federal government could force citizens to transact with private insurance companies. Five justices concluded that this was an improper use of authority, but Chief Justice Roberts decided that the mandate could be changed into a non-mandatory, non-coercive tax.
Professor Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of the Georgetown Center for the Constitution.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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