Postmortem on NFIB v. Sebelius: Early Reflections on the Decision That Kept the ACA Alive

But for one vote by one Justice of the Supreme Court, there would be no reason for any discussion of healthcare under the Affordable Care Act (ACA). Chief Justice Roberts’s surprising opinion not only gives life to this symposium, but along with the other opinions by the various Justices serves as a useful context for beginning the process of looking to the future. This essay thus discusses the U.S. Supreme Court’s decision in National Federation of Independent Business v. Sebelius and its implications going forward.