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Feds, States Take Obamacare Case to the Supreme Court

Feds, States Take Obamacare Case to the Supreme Court

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Published by FindLaw
The Department of Justice and a group of 26 states have filed simultaneous petitions for a writ of certiorari with the Supreme Court as part of the states' constitutional challenge to the Patient Protection and Affordable Care Act. The petitions seek review of a recent decision by the Eleventh Circuit. That decision held that the individual mandate portion of the Act was unconstitutional, but also upheld the constitutionality of the majority of the Act.
The Department of Justice and a group of 26 states have filed simultaneous petitions for a writ of certiorari with the Supreme Court as part of the states' constitutional challenge to the Patient Protection and Affordable Care Act. The petitions seek review of a recent decision by the Eleventh Circuit. That decision held that the individual mandate portion of the Act was unconstitutional, but also upheld the constitutionality of the majority of the Act.

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Published by: FindLaw on Sep 29, 2011
Copyright:Attribution Non-commercial

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11/06/2013

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No.
 In the Supreme Court of the United States
U
NITED
S
TATES
D
EPARTMENT OF
H
EALTH
 AND
H
UMAN
S
ERVICES
,
ET AL
.,
PETITIONERS
v.
S
TATE OF
F
LORIDA 
,
ET AL
.
ON PETITION FOR A WRIT OF CERTIORARI 
TO THE UNITED STATES COURT OF APPEALS
 FOR THE ELEVENTH CIRCUIT 
PETITION FOR A WRIT OF CERTIORARI
D
ONALD
B. V 
ERRILLI
, J
R
.
 Solicitor GeneralCounsel of Record
T
ONY
 W
EST
 Assistant Attorney General
E
DWIN
S. K
NEEDLER
 Deputy Solicitor General
B
ETH
S. B
RINKMANN
 Deputy Assistant AttorneyGeneral
G
EORGE
 W. M
 ADISON
J
OSEPH
R. P
 ALMORE
General Counsel Assistant to the Solicitor  Department of the TreasuryGeneralWashington, D.C. 20220
M
 ARK
B. S
TERN
 A 
LISA 
B. K
LEIN
 W
ILLIAM
B. S
CHULTZ
S
 AMANTHA 
L. C
HAIFETZ
 Acting General Counsel
D
 ANA 
K
 AERSVANG
 Attorneys
K
ENNETH
 Y. C
HOE
 Deputy General Counsel Department of Justice Department of Health andWashington, D.C. 20530-0001 Human Services SupremeCtBriefs@usdoj.gov Washington, D.C. 20201(202) 514-2217 
 
QUESTIONS PRESENTED
Beginning in 2014, the minimum coverage provisionof the Patient Protection and Affordable Care Act, Pub.L. No. 111-148, 124 Stat. 119, amended by the HealthCare and Education Reconciliation Act of 2010, Pub. L.No. 111-152, 124 Stat. 1029, will require non-exemptedindividuals to maintain a minimum level of health insur-ance or pay a tax penalty. 26 U.S.C.A. 5000A. The ques-tion presented is:1. Whether Congress had the power under ArticleI of the Constitution to enact the minimum coverageprovision.Petitioners also suggest that the Court direct theparties to address the following question:2. Whether the suit brought by respondents to chal-lenge the minimum coverage provision of the PatientProtection and Affordable Care Act is barred by the Anti-Injunction Act, 26 U.S.C. 7421(a).
(I)
 
PARTIES TO THE PROCEEDING
Petitioners are the United States Department of Health and Human Services, the Secretary of the UnitedStates Department of Health and Human Services, theUnited States Department of the Treasury, the Secre-tary of the United States Department of Treasury, theUnited States Department of Labor, and the Secretaryof the United States Department of Labor.Respondents are Kaj Ahlburg; Terry E. Branstad,Governor of the State of Iowa, on behalf of the people of Iowa; Mary Brown; Commonwealth of Pennsylvania, byand through Thomas W. Corbett, Jr., Governor, and William H. Ryan, Jr., Acting Attorney General; NationalFederation of Independent Business; Bill Schuette, At-torney General of the State of Michigan, on behalf of thepeople of Michigan, State of Alabama, by and throughLuther Strange, Attorney General; State of Alaska, byand through John J. Burns, Attorney General; State of  Arizona, by and through Janice K. Brewer, Governor,and Thomas C. Horne, Attorney General; State of Colo-rado, by and through John W. Suthers, Attorney Gen-eral; State of Florida, by and through Pam Bondi, Attor-ney General; State of Georgia, by and through SamuelS. Olens, Attorney General; State of Idaho, by andthrough Lawrence G. Wasden, Attorney General; Stateof Indiana, by and through Gregory F. Zoeller, AttorneyGeneral; State of Kansas, by and through DerekSchmidt, Attorney General; State of Louisiana, by andthrough James D. “Buddy” Caldwell, Attorney General;State of Maine, by and through William J. Schneider, Attorney General; State of Mississippi, by and throughHaley Barbour, Governor; State of Nebraska, by andthrough Jon Bruning, Attorney General; State of Ne- vada, by and through Brian Sandoval, Governor; State
(II)

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