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Decided

U.S. Department of Health and Human Services v. Florida

Docket No.11-398
Op. Below11th Cir.

Holding

The Anti-Injunction Act does not bar a challenge to the constitutionality of the Affordable Care Act"s "individual mandate" provision, which requires virtually all Americans to obtain health insurance or pay a penalty, even though the mandate has not yet gone into effect. Although the mandate is not authorized under the Commerce Clause, it is nonetheless a valid exercise of Congress"s power under the Taxing Clause. Finally, the Medicaid expansion provision of the ACA violates the Constitution by threatening states with the loss of their existing Medicaid funding if they decline to comply with the expansion.

From Oral Argument

  • Anti-Injunction Act”argument audio and transcript.”SCOTUSblog’s highlights from the audio are”here.
  • Individual Mandate”argument” audio and” transcript.”SCOTUSblog’s highlights from the audio are“here.

Merits Briefs for the Department of Health and Human Services” Regarding the Minimum Coverage Provision

Amicus Briefs Supporting the Department of Health and Human Services Regarding the Minimum Coverage Provision

Merits Briefs for Florida et al. and the Private Respondents Regarding the Minimum Coverage Provision

Amicus Briefs Supporting Florida et al. and the Private Respondents” Regarding the Minimum Coverage Provision

Amicus Briefs Supporting Neither Party

Merits Briefs for Court-Appointed Amicus Regarding the Anti-Injunction Act

Amicus Briefs Supporting the Court- Appointed Amicus Regarding Vacatur

Merits Briefs for the Department of Health and Human Services” Regarding the Anti-Injunction Act

Merits Briefs for Florida et al. and the Private Respondents” Regarding the Anti-Injunction Act

Amicus Briefs Supporting Florida et al. and the Private Respondents” Regarding the” Anti-Injunction Act

Other Documents

[##CERT-STAGE##]

Related Coverage

Proceedings & orders timeline

Sep 28, 2011
Petition for a writ of certiorari filed. (Response due October 28, 2011)
Sep 28, 2011
Appendix of Department of Health and Human Services, et al. filed.
Oct 7, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for private respondents. VIDED.
Oct 11, 2011
Consent to the filing of amicus briefrs, in support of either party or of neither party, received from counsel for the petitioners, the Solicitor General. VIDED.
Oct 11, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Respondents, Florida, et al. VIDED.
Oct 14, 2011
Brief of respondents, NFIB, Ahlburg, and Brown in response filed.
Oct 17, 2011
Brief of State Respondents filed.
Oct 25, 2011
Brief amicus curiae of America's Health Insurance Plans filed. VIDED.
Oct 25, 2011
Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Oct 26, 2011
DISTRIBUTED for Conference of November 10, 2011.
Oct 26, 2011
Reply of petitioners Department of Health and Human Services, et al. filed. (Distributed)
Oct 27, 2011
Brief amici curiae of American Hospital Association et al. filed. (Distributed)
Oct 28, 2011
Brief amicus curiae of The California Endowment. filed. (Distributed)
Oct 28, 2011
Brief amicus curiae of Western Center for Journalism filed. (Distributed)
Nov 8, 2011
Letter of November 8, 2011, from the Solicitor General received. (Distributed)
Nov 14, 2011
Petition GRANTED In addition to Question 1 presented by the petition, the parties are directed to brief and argue the following question: "Whether the suit brought by respondents to challenge the minimum coverage provision of the Patient Protection and Affordable Care Act is barred by the Anti-Injunction Act, 26 U. S. C. Sec. 7421(a)." A total of two hours is allotted for oral argument on Question 1. One hour is allotted for oral argument on the additional question.
Nov 15, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners, the Solicitor General. VIDED.
Nov 16, 2011
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the National Federation of Independent Business, et al. VIDED
Nov 18, 2011
Robert A. Long, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the position that the Anti-Injunction Act, 26 U.S.C. §7421(a), bars the suit brought by respondents to challenge the minimum coverage provision of the Patient Protection and Affordable Care Act, 26 U.S.C. §5000A.
Nov 22, 2011
Consent to the filing of amicus curiae, briefs in support of either party or neither party, received from counsel for Florida, et al. VIDED
Dec 5, 2011
Briefing proposal of the parties and Court-appointed amici curiae filed. VIDED
Dec 6, 2011
Motion for leave to intervene filed by Association of American Physicians & Surgeons, Inc., et al.
Dec 7, 2011
Letter from counsel for National Federation of Independent Business, et al. regarding Mary Brown received. (Distributed). VIDED
Dec 8, 2011
Upon consideration of the letter of December 5, 2011, from the Solicitor General on behalf of the parties and the amici curiae invited to brief and argue these cases, the following briefing schedule is adopted. On the Minimum Coverage Provision issue (No. 11-398), the brief of the Solicitor General, not to exceed 16,500 words, is to be filed on or before Friday, January 6, 2012. The briefs of respondents, not to exceed 16,500 words, are to be filed on or before Monday, February 6, 2012. The reply brief, not to exceed 6,600 words, is to be filed on or before Wednesday, March 7, 2012. On the Anti-Injunction Act issue (No. 11-398), the brief of the Court-appointed amicus curiae is to be filed on or before Friday, January 6, 2012. The briefs of the Solicitor General and respondents are to be filed on or before Monday, February 6, 2012. Reply briefs of the Solicitor General and respondents are to be filed on or before Monday, February 27, 2012. The reply brief of the Court-appointed amicus curiae is to be filed on or before Monday, March 12, 2012. VIDED
Dec 8, 2011
On the Severability issue (Nos. 11-393 and 11-400), the briefs of petitioners are to be filed on or before Friday, January 6, 2012. The brief of the Solicitor General is to be filed on or before Friday, January 27, 2012. The brief of the Court-appointed amicus curiae is to be filed on or before Friday, February 17, 2012. Reply briefs of the Solicitor General and petitioners are to be filed on or before Tuesday, March 13, 2012. On the Medicaid issue (No. 11-400), the brief of petitioners is to be filed on or before Tuesday, January 10, 2012. The brief of the Solicitor General is to be filed on or before Friday, February 10, 2012. The reply brief is to be filed on or before Monday, March 12, 2012. Other amici curiae shall file separate briefs on each issue they intend to address. The briefs shall be filed within the time allowed under Rule 37.3(a) of the Rules of this Court, except that amici curiae briefs addressing the Severability issue shall be filed on or before the due date for the brief of the party or Court-appointed amicus curiae whose position the brief is supporting. The parties and amici curiae shall identify on the cover of each brief the issue that is addressed in the brief. Amici curiae shall also identify on the cover of the brief the party or parties supported or whether the brief suggests affirmance or reversal, as required by Rule 37.3(a) of the Rules of this Court. VIDED
Dec 9, 2011
Brief amicus curiae of Advocacy for Patients with Chronic Illness, Inc. (Minimum Coverage Provision) filed.
Dec 14, 2011
Motion DISTRIBUTED for Conference of January 6, 2012.
Dec 19, 2011
SET FOR ARGUMENT ON Monday, March 26, 2012 (Anti-Injunction Act).
Dec 19, 2011
SET FOR ARGUMENT ON Tuesday, March 27, 2012 (Minimum Coverage Provision).
Dec 22, 2011
Brief amicus curiae of AARP (Minimum Coverage Provision) filed.
Jan 4, 2012
Motion for leave to add Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by respondents National Federation of Independent Business, et al. VIDED.
Jan 6, 2012
Joint appendix (Minimum Coverage Provision, Anti-Injunction Act, and Severability) filed. VIDED. (Statement of costs filed)
Jan 6, 2012
Brief of petitioners Department of Health and Human Services, et al. (Minimum Coverage Provision) filed.
Jan 6, 2012
Brief amici curiae of America's Health Insurance Plans and the Blue Cross Blue Shield Association (Severability) filed. VIDED. (Distributed)
Jan 6, 2012
Brief of Long, Robert A. Court-appointed amicus curiae (Anti-Injunction Act) filed. (Distributed)
Jan 9, 2012
Motion for leave to intervene filed by Association of American Physicians & Surgeons, Inc., et al. DENIED.
Jan 9, 2012
Record received from U.S.C.A. for 11th Circuit. (1 box)
Jan 11, 2012
CIRCULATED
Jan 11, 2012
Brief amici curiae of David R. Riemer and Community Advocates (Minimum Coverage Provision) filed. (Distributed)
Jan 11, 2012
Brief amici curiae of American Association of People with Disabilities, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 11, 2012
Brief amici curiae of American Nurses Association, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 11, 2012
Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 12, 2012
Brief amici curiae of The American Cancer Society, et al. filed.( Minimum Coverage Provision) (Distributed)
Jan 12, 2012
Brief amici curiae of Constitutional Law and Economics Professors (Minimum Coverage Provision) filed. (Distributed)
Jan 12, 2012
Brief amici curiae of Economic Scholars (Minimum Coverage Provision) filed. (Distributed)
Jan 12, 2012
Brief amici curiae of Mortimer Caplin and Sheldon Cohen in support of neither party (Anti-Injunction Act) filed. (Distributed)
Jan 12, 2012
Brief amici curiae of State Legislators from all Fifty States, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 12, 2012
Record received from U.S.D.C. for Northern District of Florida. (1 box) The remainder of the record is electronic.
Jan 13, 2012
Brief amicus curiae of Blue Cross and Blue Shield of Massachusetts, Inc. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Constitutional Law Scholars (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Maryland, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of 104 Health Law Professors (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Senate Majority Leader Harry Reid, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amicus curiae of The California Endowment (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amicus curiae of Health Foundation of Greater Cincinnati in support of neither party (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Law Professors Barry Friedman, Matthew Adler, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of National Women's Law Center, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amicus curiae of California Public Employees' Retirement System (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amicus curiae of Commonwealth of Massachusetts (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of American Hospital Association, et al. (Individual Mandate) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Child Advocacy Organizations (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Health Care For All, Inc., et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Jewish Alliance for Law & Social Action, et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Small Business Majority Foundation, Inc., et al. (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amicus curiae of Governor of Washington Christine Gregoire (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Health Care Policy History Scholars (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Tax Law Professors (Anti-Injunction Act) filed. (Distributed)
Jan 13, 2012
Brief amicus curiae of Young Invincibles (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of Service Employees International Union and Change to Win (Minimum Coverage Provision) filed. (Distributed)
Jan 13, 2012
Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations (Minimum Coverage Provision) filed. (Distributed)
Jan 17, 2012
Motion for leave to add Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by National Federation of Independent Business, et al. GRANTED. VIDED.
Jan 19, 2012
Brief amicus curiae of Citizens' Council for Health Freedom (Minimum Coverage Provision) filed. (Distributed)
Feb 3, 2012
Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by respondents Kathleen Sebelius, Secretary of Health and Human Services, et al., joined by both Court-appointed counsel. VIDED.
Feb 3, 2012
Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by Florida, et al. and National Federation of Independent Business, et al. VIDED.
Feb 6, 2012
Brief of respondents Private Respondents, NFIB, Ahlburg, and Brown (Anti-Injunction Act) filed. (Distributed)
Feb 6, 2012
Brief of respondents Private Respondents, NFIB, Ahlburg, and Brown (Minimum Coverage Provision) filed. (Distributed)
Feb 6, 2012
Brief of petitioners Department of Health and Human Services, et al. (Anti-Injunction) filed. (Distributed)
Feb 6, 2012
Brief of respondents Florida, et al. (Anti-Injunction Act) filed. (Distributed)
Feb 6, 2012
Brief of respondents Florida, et al. (Minimum Coverage Provision) filed. (Distributed)
Feb 6, 2012
Brief amicus curiae of Missouri (Minimum Coverage) filed. (Distributed)
Feb 7, 2012
Brief amicus curiae of Senator Rand Paul (Minimum Coverage Provision) filed. (Distributed)
Feb 7, 2012
Brief amicus curiae of Liberty Legal Foundation (Minimum Coverage Provision) filed. (Distributed)
Feb 8, 2012
Brief amici curiae of American Center for Law & Justice, et al. (Minimum Coverage Provision) filed. (Distributed)
Feb 8, 2012
Brief amici curiae of American Center for Law & Justice, et al. (Anti-Injunction Act) filed. (Distributed)
Feb 8, 2012
Brief amici curiae of Thomas More Law Center, et al. (Minimum Coverage Provision) filed. (Distributed)
Feb 8, 2012
Brief amicus curiae of Stephen M. Trattner (Minimum Coverage Provision) filed. (Distributed)
Feb 9, 2012
Brief amicus curiae of Egon Mittelmann, Esq. (Minimum Coverage Provision) filed. (Distributed)
Feb 9, 2012
Brief amicus curiae of Oklahoma (Minimum Coverage Provision) filed. (Distributed)
Feb 9, 2012
Brief amici curiae of State Chambers of Commerce and related organizations (Anti-Injunction Act) filed. (Distributed)
Feb 10, 2012
Brief amici curiae of Liberty University, Inc., et al. (Minimum Coverage Provision) filed. (Distributed)
Feb 10, 2012
Brief amicus curiae of Mountain States Legal Foundation (Minimum Coverage Provision) filed. (Distributed)
Feb 10, 2012
Brief amici curiae of Liberty University, Inc., et al. (Anti-Injunction Act) filed. (Distributed)
Feb 10, 2012
Brief amici curiae of Authors of The Origins of the Necessary and Proper Clause, et al. (Minimum Coverage Provision) filed. (Distributed)
Feb 10, 2012
Brief amici curiae of Cato Institute ( Anti-Injunction) (Distributed)
Feb 10, 2012
Brief amicus curiae of Landmark Legal Foundation (Minimum Coverage Provision) filed. (Distributed)
Feb 10, 2012
Brief amicus curiae of Employer Solutions Staffing Group LLC (Minimum Coverage) filed.
Feb 13, 2012
Brief amici curiae of Virginia Delegate Bob Marshall, et al. (Minimum Coverage Provision) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Former U.S. Department of Justice Officials (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Washington Legal Foundation, et al. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Citizens and Legislators in the Fourteen Health Care Freedom States ( Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Institute for Justice filed. (Minimum Coverage) (Distributed)
Feb 13, 2012
Brief amici curiae of American Civi lRights Union, et al. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of American Legislative Exchange Council (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Commonwealth of Virginia (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Cato Institute, et al. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Members of the United States Senate (Minimum Coverage). (Distributed)
Feb 13, 2012
Brief amici curiae of Catholic Vote, and Steven J. Willis (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Docs4PatientCare, et al. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Center for Fair Administration of Taxes (Anti-Injunction) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of American Catholic Lawyers Association, Inc. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Speaker of the House John Boehner (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Association of American Physicians and Surgeons Inc., et al. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Foundation for Moral Law (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Partnership for America (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of American College of Pediatricians, et al. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Rutherford Institute ( Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of HSA Coalition, Inc., et al. ( Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Judicial Watch, Inc. filed. (Minimum Coverage)(Distributed)
Feb 13, 2012
Brief amicus curiae of Independent Women's Forum (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Economists ( Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Single Payer Action, et al. (Minimum Coverage Provision) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of 1851 Center for Constitutional Law (Minimum Coverage Provision) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Montana Shooting Sports Assn. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amici curiae of Center for Constitutional Jurisprudence, et al. (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Tax Foundation (Minimum Coverage Provision) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Texas Public Policy Foundation filed. (Minimum Coverage) (Distributed)
Feb 13, 2012
Brief amicus curiae of Caesar Rodney Institute (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of Project Liberty (Minimum Coverage) filed. (Distributed)
Feb 13, 2012
Brief amicus curiae of American Life League (Minimum Coverage) filed. (Distributed)
Feb 21, 2012
Upon consideration of the motions pertaining to the allocation of oral argument time, the following allocation of oral argument time is adopted. On the Anti-Injunction Act issue (No. 11-398), the Court-appointed amicus curiae is allotted 40 minutes, the Solicitor General is allotted 30 minutes, and the respondents are allotted 20 minutes On the Minimum Coverage Provision issue (No. 11-398), the Solicitor General is allotted 60 minutes, respondents Florida, et al. are allotted 30 minutes, and respondents National Federation of Independent Business, et al. are allotted 30 minutes. On the Severability issue (Nos. 11-393 and 11-400), the petitioners are allotted 30 minutes, the Solicitor General is allotted 30 minutes, and the Court-appointed amicus curiae is allotted 30 minutes.On the Medicaid issue (No. 11-400), the petitioners are allotted 30 minutes, and the Solicitor General is allotted 30 minutes.
Feb 27, 2012
Reply of petitioners Department of Health and Human Services, et al. (Anti-Injunction Act) filed. (Distributed)
Feb 27, 2012
Reply of respondents Private Respondents, NFIB, Ahlburg, and Brown (Anti-Injunction Act) filed. (Distributed)
Feb 27, 2012
Reply of State Respondents (Anti-Injunction) filed. (Distributed)
Mar 7, 2012
Reply of petitioners Department of Health and Human Services, et al. (Minimum Coverage Provision) filed. (Distributed)
Mar 12, 2012
Reply of Robert A. Long, Court-appointed amicus curiae supporting vacatur (Anti-Injunction) filed. (Distributed)
Mar 14, 2012
Letter from the Solicitor General proposing to lodge 10 copies of the Government Printing Office’s Compilation of the Patient Protection and Affordable Care Act. (Distributed)
Mar 17, 2012
Motion for leave to intervene filed by David Boyle, and to add questions presented.
Mar 26, 2012
Argued. (On the Anti-Injunction Act Issue) For Court-appointed amicus curiae: Robert A. Long, Washington, D. C. For petitioners: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents: Gregory G. Katsas, Washington, D. C.
Mar 27, 2012
Argued. (On the Minimum Coverage Provision Issue) For petitioners: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents Florida, et al.: Paul D. Clement, Washington, D. C. For respondents Nat. Fed. Indep. Business, et al.; Michael A. Carvin, Washington, D. C.
Mar 28, 2012
Motion DISTRIBUTED for Conference of April 13, 2012.
Apr 16, 2012
Motion for leave to intervene filed by David Boyle DENIED.
Apr 25, 2012
Letter received from National Federation of Independent Business (Distributed)
May 7, 2012
Motion for reconsideration of motion for leave to intervene, and to add questions presented filed by David Boyle.
May 22, 2012
Motion DISTRIBUTED for Conference of June 7, 2012.
Jun 11, 2012
Motion of David Boyle for reconsideration of motion for leave to intervene DENIED. VIDED
Jun 28, 2012
Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Roberts, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-C., in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined; an opinion with respect to Part IV, in which Breyer and Kagan, JJ., joined; and an opinion with respect to Parts III-A, III-B, and III-D. Ginsburg, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Sotomayor, J., joined, and in which Breyer and Kagan, JJ., joined as to Parts I, II, III, and IV. Scalia, Kennedy, Thomas, and Alito, JJ., filed a dissenting opinion. Thomas, J, filed a dissenting opinion.
Jul 30, 2013
JUDGMENT ISSUED.

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