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Constitutional Law Keyed to Shanor
NFIB v. Sebelius (on the Taxing Power)
Citation:132 S. Ct. 2566 (2012)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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One provision of the ACA was the individual mandate, which required most Americans to maintain health insurance. Individuals who did not maintain health insurance would have to make a “shared responsibility payment” to the Internal Revenue Service with their taxes, and the payment would be assessed and collected in the same manner as tax penalties. The ACA described the payment as a “penalty.”
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