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Fourth Circuit Opinion 2

Fourth Circuit Opinion 2

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Published by Catherine Snow

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Published by: Catherine Snow on Sep 08, 2011
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05/18/2012

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PUBLISHED
 UNITED STATES COURT OF APPEALSFOR THE FOURTH CIRCUIT
 No. 11-1057
 COMMONWEALTH OF VIRGINIA ex rel. KENNETH T. CUCCINELLI, II, inhis official capacity as Attorney General of Virginia,Plaintiff - Appellee,v.KATHLEEN SEBELIUS, Secretary of the Department of Health andHuman Services, in her official capacity,Defendant – Appellant.
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−
 AMERICA'S HEALTH INSURANCE PLANS; CHAMBER OF COMMERCE OF THEUNITED STATES OF AMERICA,Amici Curiae,AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES; THE ARC OF THEUNITED STATES; BREAST CANCER ACTION; FAMILIES USA; FRIENDS OFCANCER RESEARCH; MARCH OF DIMES FOUNDATION; MENTAL HEALTHAMERICA; NATIONAL BREAST CANCER COALITION; NATIONAL ORGANIZATIONFOR RARE DISORDERS; NATIONAL PARTNERSHIP FOR WOMEN AND FAMILIES;NATIONAL SENIOR CITIZENS LAW CENTER; NATIONAL WOMEN'S HEALTHNETWORK; THE OVARIAN CANCER NATIONAL ALLIANCE; AMERICAN NURSESASSOCIATION; AMERICAN ACADEMY OF PEDIATRICS, INCORPORATED;AMERICAN MEDICAL STUDENT ASSOCIATION; CENTER FOR AMERICANPROGRESS, d/b/a Doctors for America; NATIONAL HISPANIC MEDICALASSOCIATION; NATIONAL PHYSICIANS ALLIANCE; CONSTITUTIONAL LAWPROFESSORS; YOUNG INVINCIBLES; KEVIN C. WALSH; AMERICAN CANCERSOCIETY; AMERICAN CANCER SOCIETY CANCER ACTION NETWORK; AMERICANDIABETES ASSOCIATION; AMERICAN HEART ASSOCIATION; DR. DAVIDCUTLER, Deputy, Otto Eckstein Professor of Applied Economics,Harvard University; DR. HENRY AARON, Senior Fellow, EconomicStudies, Bruce and Virginia MacLaury Chair, The BrookingsInstitution; DR. GEORGE AKERLOF, Koshland Professor ofEconomics, University of California
−Berkeley; DR. STUART ALTMAN,
Appeal: 11-1057 Document: 184 Date Filed: 09/08/2011 Page: 1 of 33
 
2Sol C. Chaikin Professor of National Health Policy, BrandeisUniversity; DR. KENNETH ARROW, Joan Kenney Professor ofEconomics and Professor of Operations Research, StanfordUniversity; DR. SUSAN ATHEY, Professor of Economics, HarvardUniversity; DR. LINDA J. BLUMBERG, Senior Fellow, UrbanInstitute, Health Policy Center; DR. LEONARD E. BURMAN, DanielPatrick Moynihan Professor of Public Affairs, The MaxwellSchool, Syracuse University; DR. AMITABH CHANDRA, Professor ofPublic Policy, Kennedy School of Government, Harvard University;DR. MICHAEL CHERNEW, Professor, Department of Health CarePolicy, Harvard Medical School; DR. PHILIP COOK, Dr. PhilipCook, ITT/Sanford Professor of Public Policy, Professor ofEconomics, Duke University; DR. MICHAEL T. FRENCH, Professor ofHealth Economics, University of Miami; DR. CLAUDIA GOLDIN, HenryLee Professor of Economics, Harvard University; DR. TAL GROSS,Department of Health Policy and Management, Mailman School ofPublic Health, Columbia University; DR. JONATHAN GRUBER,Professor of Economics, MIT; DR. JACK HADLEY, Associate Dean forFinance and Planning, Professor and Senior Health ServicesResearcher, College of Health and Human Services, George MasonUniversity; DR. VIVIAN HO, Baker Institute Chair in HealthEconomics and Professor of Economics, Rice University; DR. JOHNF. HOLAHAN, Ph. D., Director, Health Policy Research Center, TheUrban Institute; DR. JILL HORWITZ, Professor of Law and Co
Director of the Program in Law & Economics, University ofMichigan School of Law; DR. LAWRENCE KATZ, Elisabeth AllenProfessor of Economics, Harvard University; DR. GENEVIEVEKENNEY, Senior Fellow, The Urban Institute; DR. FRANK LEVY, RoseProfessor of Urban Economics, Department of Urban Studies andPlanning, MIT; DR. PETER LINDERT, Distinguished ResearchProfessor of Economics, University of California, Davis; DR.ERIC MASKIN, Albert O. Hirschman Professor of Social Science atthe Institute for Advanced Study, Princeton University; DR. ALANC. MONHEIT, Professor of Health Economics, School of PublicHealth, University of Medicine & Dentistry of New Jersey; DR.MARILYN MOON, Vice President and Director Health Program,American Institutes for Research; DR. RICHARD J. MURNANE,Thompson Professor of Education and Society, Harvard University;DR. JOSEPH P. NEWHOUSE, John D. MacArthur Professor of HealthPolicy and Management, Harvard University; DR. LEN M. NICHOLS,George Mason University; DR. HAROLD POLLACK, Helen RossProfessor of Social Service Administration, University ofChicago; DR. MATTHEW RABIN, Edward G. and Nancy S. JordanProfessor of Economics, University of California
−Berkeley; DR.
JAMES B. REBITZER, Professor of Economics, Management, andPublic Policy, Boston University School of Management; DR.MICHAEL REICH, Professor of Economics, University of California
Appeal: 11-1057 Document: 184 Date Filed: 09/08/2011 Page: 2 of 33
 
3at Berkeley; DR. THOMAS RICE, Professor, UCLA School of PublicHealth; DR. MEREDITH ROSENTHAL, Department of Health Policy andManagement, Harvard School of Public Health; DR. CHRISTOPHERRUHM, Professor of Public Policy and Economics, University ofVirginia; DR. JONATHAN SKINNER, Professor of Economics,Dartmouth College, and Professor of Community and FamilyMedicine, Dartmouth Medical School; DR. KATHERINE SWARTZ,Professor, Department of Health Policy and Management, HarvardSchool of Public Health; DR. KENNETH WARNER, Dean of the Schoolof Public Health and Avedis Donabedian Distinguished UniversityProfessor of Public Health, University of Michigan; DR. PAUL N.VAN DE WATER, Senior Fellow, Center on Budget and PolicyPriorities; DR. STEPHEN ZUCKERMAN, Senior Fellow, The UrbanInstitute; JANET COOPER ALEXANDER, Frederick I. RichmanProfessor of Law, Stanford Law School; ERWIN CHEMERINSKY,Founding Dean, University of California
−Irvine School of Law;
 AMANDA FROST, Professor of Law, American University WashingtonCollege of Law; ANDY HESSICK, Associate Professor of Law,Arizona State University Sandra Day O’Connor College of Law;A.E. DICK HOWARD, White Burkett Miller Professor of Law andPublic Affairs, University of Virginia School of Law; JOHNCALVIN JEFFRIES, JR., David and Mary Harrison DistinguishedProfessor of Law, University of Virginia School of Law; JOHANNAKALB, Assistant Professor, Loyola University New Orleans Collegeof Law; LUMEN N. MULLIGAN, Professor of Law, University ofKansas School of Law; EDWARD A. PURCELL, JR., Joseph SolomonDistinguished Professor of Law, New York Law School; CAPRICE L.ROBERTS, Professor, Visiting Professor, Catholic UniversityColumbus School of Law; Professor of Law, University of WestVirginia School of Law; STEPHEN I. VLADECK, Professor of Law,American University Washington College of Law; HOWARD M.WASSERMAN, Associate Professor, FIU College of Law; AARP;COMMONWEALTH OF MASSACHUSETTS; THE NATIONAL WOMEN'S LAW CENTER;AMERICAN ASSOCIATION OF UNIVERSITY WOMEN; AMERICAN COLLEGE OFNURSE
−MIDWIVES; AMERICAN
FEDERATION OF STATE, COUNTY, ANDMUNICIPAL EMPLOYEES; AMERICAN MEDICAL WOMEN'S ASSOCIATION; THEASIAN AMERICAN JUSTICE CENTER; ASIAN & PACIFIC ISLANDER AMERICANHEALTH FORUM; THE ASIAN PACIFIC AMERICAN LEGAL CENTER; THE BLACKWOMENS HEALTH IMPERATIVE; THE COALITION OF LABOR UNION WOMEN;CHILDBIRTH CONNECTION; THE CONNECTICUT WOMEN'S EDUCATION ANDLEGAL FUND; THE FEMINIST MAJORITY FOUNDATION; IBIS REPRODUCTIVEHEALTH; INSTITUTE OF SCIENCE AND HUMAN VALUES; MARYLAND WOMEN'SCOALITION FOR HEALTH CARE REFORM; MENTAL HEALTH AMERICA;NATIONAL ASIAN PACIFIC AMERICAN WOMEN'S FORUM; NATIONALASSOCIATION OF SOCIAL WORKERS; NATIONAL COALITION FOR LGBTHEALTH; NATIONAL COUNCIL OF JEWISH WOMEN; NATIONAL COUNCIL OFWOMEN'S ORGANIZATIONS; NATIONAL LATINA INSTITUTE FOR
Appeal: 11-1057 Document: 184 Date Filed: 09/08/2011 Page: 3 of 33

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