<P> The ACA mandate was challenged in federal courts by Republican state Attorneys General . On June 28 , 2012 , the U.S. Supreme Court upheld the provision as Constitutional . Chief Justice John Roberts delivered the majority opinion in National Federation of Independent Business v. Sebelius , which upheld the Patient Protection and Affordable Care Act by a 5 - 4 vote . The Court ruled that although the `` individual mandate '' component of the act was not constitutional under the Commerce Clause , it was reasonably construed as a tax and was therefore valid under the Congressional authority to `` lay and collect taxes . '' </P>
<P> The ACA mandate was challenged in federal courts by Republican state Attorneys General . On June 28 , 2012 , the U.S. Supreme Court upheld the provision as Constitutional . Chief Justice John Roberts delivered the majority opinion in National Federation of Independent Business v. Sebelius , which upheld the Patient Protection and Affordable Care Act by a 5 - 4 vote . The Court ruled that although the `` individual mandate '' component of the act was not constitutional under the Commerce Clause , it was reasonably construed as a tax and was therefore valid under the Congressional authority to `` lay and collect taxes . '' </P>
which constitutional power of congress was used to establish the individual mandate under obamacare
which constitutional power of congress was used to establish the individual mandate under obamacare
to `` lay and collect taxes . ''
to `` lay and collect taxes . ''