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CA3 Opinion (New Jersey Physicians) (8.3.11)

CA3 Opinion (New Jersey Physicians) (8.3.11)

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Published by: sarahkliff on Aug 03, 2011
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12/08/2013

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PRECEDENTIAL
UNITED STATES COURT OF APPEALSFOR THE THIRD CIRCUIT_____________No. 10-4600_____________NEW JERSEY PHYSICIANS, INC.;MARIO A. CRISCITO, M.D.; PATIENT ROE,Appellantsv.PRESIDENT OF THE UNITED STATES;SECRETARY OF THE UNITED STATES TREASURY;SECRETARY OF THE UNITED STATES DEPARTMENTOF HEALTH AND HUMAN SERVICES;THE ATTORNEY GENERAL OF THE UNITED STATES_____________On Appeal from the United States District Courtfor the District of New Jersey(Civil No. 10-cv-01489)District Judge: Hon. Susan D. WigentonArgued June 22, 2011Before: CHAGARES, JORDAN, and GREENAWAY, JR.Circuit Judges.
Case: 10-4600 Document: 003110614158 Page: 1 Date Filed: 08/03/2011
 
2(Filed: August 3, 2011)Robert J. Conroy (Argued)R. Bruce CrelinKern Augustine Conroy & Schoppmann, P.C.1120 Route 22 EastBridgewater, NJ 08807Counsel for Plaintiffs-AppellantsBeth S. Brinkmann (Argued)Mark B. SternAlisa B. KleinDina B. MishraAttorneys, Appellate Staff Civil Division, Room 7531U.S. Department of Justice950 Pennsylvania Ave. NWWashington, D.C. 20530Counsel for Defendants-Appellees____________OPINION____________CHAGARES, Circuit Judge.This appeal concerns a challenge to the PatientProtection and Affordable Care Act (referred to as the
“Health Care Act” or the “Act”). The p
laintiffs object
Case: 10-4600 Document: 003110614158 Page: 2 Date Filed: 08/03/2011
 
3primarily to the
Act’s minimum essential coverage provision,
more commonly referred to as the individual mandate. Themandate, when it becomes effective in 2014, will require allnon-exempt applicable individuals either to maintain a certainminimum level of health insurance or pay a monetary penalty.
The plaintiffs’ complaint asserts, generally, that
the entireHealth Care Act is unconstitutional because the individual
mandate exceeds Congress’s authority to pass laws.
The District Court dismissed the complaint withoutreaching the merits of this challenge. Rather, the DistrictCourt held that the plaintiffs failed to plead adequately injuryin fact and, therefore, did not meet their burden todemonstrate standing. The plaintiffs now appeal thatdetermination. For the reasons stated below, we will affirm.I.A.The plaintiffs are Mario A. Criscito, M.D., a licensed
 New Jersey physician, “Patient Roe,” a patient of Dr.
Criscito
’s
, and New Jersey Physicians, Inc., a non-profit
corporation that “has as a
primary purpose the protection andadvancement of patient access to affordable, quality
healthcare.” Appendix
 
(“App”)
32a. Dr. Criscito is the onlymember of New Jersey Physicians, Inc. identified by theplaintiffs in their pleadings. The defendants are fourgovernmental officials sued in their official capacities:President Barack Obama; Timothy Geithner, the UnitedStates Secretary of the Treasury; Eric Holder, the UnitedStates Attorney General; and Kathleen Sebelius, the Secretaryof Health and Human Services.
Case: 10-4600 Document: 003110614158 Page: 3 Date Filed: 08/03/2011

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