Rule of Law

Ideologically Diverse Moot Court Panel Votes 8-1 that ACA Individual Mandate is Constitutional

As the Supreme Court gears up to hear oral arguments in the Affordable Care Act cases next week, the Peter Jennings Project for Journalists and the Constitution tested the central issue of the Act at its Sixth Annual Moot Court Program on March 20.  During the simulated court proceedings, a panel of distinguished law professors, noted legal thinkers, and current and former federal judges — including four Bush (41 and 43) appointees and CAC Board member and former DC Circuit Judge Patricia Wald  — heard oral arguments on the constitutionality of the minimum coverage provision in the ACA and voted 8-1 that the ACA’s mandate that Americans obtain insurance coverage or face a tax penalty is within Congress’s constitutional power to regulate interstate commerce.   

You can watch the webcast of this terrific moot court program below:

CAC will attend the actual oral arguments at the Supreme Court next week, so be sure to read CAC’s brief, filed on behalf of more than 500 state legislators from all 50 states in support of the constitutionality of the minimum coverage provision here, and stay tuned to Text & History as developments in these critical cases unfold. 

More from Rule of Law

Rule of Law
April 22, 2026

CAC Release: Targeting Civil Rights Groups Leaves All Americans Less Safe

WASHINGTON, DC – In response to yesterday’s indictment of the Southern Poverty Law Center, Constitutional...
By: Praveen Fernandes
Rule of Law
April 20, 2026

CAC Release: Supreme Court Considers Whether Investor Harm Is a Prerequisite to an Award of Disgorgement in a Civil Action Brought by the Securities and Exchange Commission

WASHINGTON, DC – Following today’s oral argument at the Supreme Court in Sripetch v. Securities...
By: Simon Chin
Rule of Law
April 15, 2026

Court to contemplate SEC’s use of disgorgement in securities enforcement

SCOTUSBlog
CAC's amici brief on behalf of legal scholars in Sripetch v. SEC was featured in SCOTUSblog. Read more...
Rule of Law
April 14, 2026

CAC Release: Failing to Enforce Subpoena of Bondi is Failing the American People

WASHINGTON, DC – In response to the unexplained cancellation of Pam Bondi’s scheduled deposition, Constitutional...
By: Praveen Fernandes
Rule of Law
April 2, 2026

Consumer Groups Back SEC In High Court Disgorgement Row

Law360
CAC Legal Fellow Simon Chin discussed CAC's amici brief on behalf of legal scholars in Sripetch...
Rule of Law
U.S. Supreme Court

Sripetch v. Securities and Exchange Commission

In Sripetch v. Securities and Exchange Commission, the Supreme Court is considering whether a showing of pecuniary harm to investors is a prerequisite to an award of disgorgement in a civil action brought by the...