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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2026, Barry Barnett

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Supreme Court Upholds Mandate in Affordable Care Act as Tax

By Barry Barnett on June 28, 2012

By a 5-4 vote, the U.S. Supreme Court today upheld the penalty in the Affordable Care Act for not buying health insurance as within Congress's constitutional power to tax. Nat'l Federation of Independent Business v. Sebelius, No. 11-393 (U.S. June 28, 2012).

The majority consisted of Chief Justice Roberts, who wrote the main opinion, and…

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Barry Barnett, Susman Godfrey L.L.P.

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I take a personable and strategic approach with every client as we navigate the best path for our case.

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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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