The Health of the Commerce Clause

The U.S. Supreme Court decision to uphold the various provisions of the Affordable Care Act (ACA) ¹ was an important moment in American politics, as it acknowledged the constitutionality of some of the most profound changes to the American health care system in its history. ² The decision was widely seen as a victory for liberals and the Obama administration, especially as it came the summer before the 2012 presidential election and may have been one of the factors that influenced President Obama’s reelection. However, despite the perception of a Democratic triumph, we will argue that the Supreme Court decision was not a clear victory for the Left and that it may ultimately hinder progressive causes. The potential consequences of the NFIB v. Sebelius decision for future attempts to defend progressive legislation through the Commerce Clause become evident in light of the Court’s decision to uphold the key provisions of the ACA while also restricting the scope of the Interstate Commerce Clause.