Health Law & Litigation | Notable Precedents

Affordable Care Act	Notable Precedents Current federal cases challenging the constitutionality of the ACA dispute whether the federal government has the authority to enact an individual mandate to purchase health insurance. The decisions in these cases will likely turn on courts’ interpretations of the Commerce Clause, the Necessary and Proper Clause, and the taxing power. Notable precedential cases involving the Commerce Clause and the taxing power are listed below.
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Interstate Commerce Gonzales v. Raich 545 U.S. 1 (2005) [PDF] Paul v. Virginia 75 U.S. (8 Wall.) 168 (1868) [Text] United States v. Darby 312 U.S. 100 (1941) [Text] United States v. E.C. Knight Co. 156 U.S. 1 (1895) [Text] United States v. Lopez 514 U.S. 549 (1995) [PDF] United States v. Morrison 529 U.S. 598 (2000) [PDF] Wickard v. Filburn 317 U.S. 111 (1942) [Text] Necessary and Proper Clause McCulloch v. Maryland 17 U.S. (4 Wheat.) 315 (1819) [Text] United States v. Comstock 130 S. Ct. 1949 (2010) [Text] Power to Tax and Regulate Bailey v. Drexel Furniture 529 U.S. 20 (1922) [Text] Sonzinsky v. United States 300 U.S. 506 (1937) [Text] Steward Machine Co. v. Davis 301 U.S. 548 (1937) [Text] United States v. Kahriger 345 U.S. 22 (1953) [Text] United States v. La Franca 282 U.S. 568 (1931) [Text] Note: While many of these cases are still considered precedential and controlling, others have been overruled or limited. We have included all major cases that are cited in current debates about the issues in the ACA.

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