The Seventeenth Annual Supreme Court Review Conference

October 27, 2012

Professor Leora Harpaz

Western New England University School of Law

Congress on the Ropes: The Stolen Valor and Affordable Care Acts



  1. National Federation of Independents Business v. Sebelius, 132 S. Ct. 2566 (June 28, 2012) (5-4) (upholding individual mandate provision of the Affordable Care Act under Congress's taxing power, but striking down the Medicaid expansion provision as a violation of the spending power).

  2. United States v. Alvarez, 132 S. Ct. 2537 (June 28, 2012) (6-3) (striking down the Stolen Valor Act which makes it a federal crime to lie about receiving a military decoration or medal as a violation of the First Amendment because it is a content-based regulation of protected speech that cannot be justified under the strict scrutiny test).


Sponsored by the Law School's Institute for Legislative and Governmental Affairs


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