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Jones Day lawyers argue before U.S. Supreme Court on issues related to Patient Protection and Affordable Care Act

March 2012


On March 26 and 27, respectively, Greg Katsas and Mike Carvin, both Issues & Appeals partners in Jones Day's Washington Office, argued before the U.S. Supreme Court on behalf of the National Federation of Independent Business (NFIB). Mr. Katsas argued that the Anti-Injunction Act does not bar the Court from hearing a challenge to the Patient Protection and Affordable Care Act's individual mandate requiring the purchase of health insurance. Mr. Carvin argued that the Patient Protection and Affordable Care Act's individual mandate requiring the purchase of health insurance was unconstitutional. Transcripts and audio files of Katsas's and Carvin's arguments are available on the Supreme Court web site.

According to Katsas, "The purpose of this lawsuit is to challenge a federal requirement to buy health insurance, and that requirement is not a tax. For that reason alone, the Anti-Injunction Act, which bars challenges to federal taxes before they are collected, does not apply to this lawsuit." Katsas continued, "It was an honor and a challenge to argue before the Court."

"At its core, we believe Congress has exceeded its power to regulate commerce by requiring that individuals buy health insurance," said Carvin, who has made five prior Supreme Court appearances. He continued, "I look forward to the Court's decision on this important issue this summer."

Katsas handles complex litigation in areas including administrative law, antitrust, constitutional law, employment discrimination, international law and arbitration, and product liability. He has argued more than 50 appeals, including cases in every federal appellate court and the Supreme Court.

Carvin focuses on constitutional, appellate, civil rights, and civil litigation against the federal government. He has argued numerous cases in the U.S. Supreme Court and in virtually every federal appeals court.

Jones Day is a global law firm practicing in the major centers of business and finance throughout the world. Ranked among the world's best and most integrated law firms, and perennially ranked among the best in client service, Jones Day acts as principal outside counsel to, or provides significant legal representation for, approximately half of the Fortune 500, the Fortune Global 500, and the FT Global 500.