Comment

In National Federation of Independent Business v Sebelius (“NFIB”), the Supreme Court maintained both its jurisdiction over the case and the constitutionality of the Affordable Care Act (ACA) by threading the needle between the Anti-Injunction Act (AIA) and Congress’s taxing power under the Constitution.

Given myriad business practices and conditions, establishing certain antitrust harms requires context.

The Federal Rules of Evidence (FRE) and the case law interpreting them attempt to strike a balance between truth seeking and procedural protections for criminal defendants.