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11-117 01 Petition for Writ of Certiorari

11-117 01 Petition for Writ of Certiorari

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Published by TeaPartyCheer
Patient Protection and Affordable Care Act: Thomas More Law Center, et al., v. Barack H. Obama, President of the United States, et al. Filings at the Supreme Court of the United States of America
Patient Protection and Affordable Care Act: Thomas More Law Center, et al., v. Barack H. Obama, President of the United States, et al. Filings at the Supreme Court of the United States of America

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Published by: TeaPartyCheer on Nov 14, 2011
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05/24/2012

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N
O
.
In theIn theIn theIn theIn the
Supreme Court of the United StatesSupreme Court of the United StatesSupreme Court of the United StatesSupreme Court of the United StatesSupreme Court of the United States
THOMAS MORE LAW CENTER, JANN D
E
MARS,JOHN CECI, STEVEN HYDER, and SALINA HYDER,
 Petitioners
, v.BARACK HUSSEIN OBAMA, in his officialcapacity as President of the United States, et al.,
 
 Respondents
.
On Petition for Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit
PETITION FOR WRIT OF CERTIORARI
R
OBERT
J
OSEPH
M
UISE
Counsel of Record
T
HOMAS
M
ORE
L
 AW
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ENTER
24 F
RANK 
L
LOYD
W
RIGHT
D
RIVE
P.O. B
OX 
393 A 
NN
RBOR
, MI 48106(734) 827-2001
rmuise@thomasmore.org 
Counsel for Petitioners
Becker Gallagher
·
Cincinnati, OH
·
Washington, D.C.
·
800.890.5001
July 26, 2011
D
 AVID
ERUSHALMI
L
 AW
O
FFICES
 
OF
D
 AVID
 Y 
ERUSHALMI
, P.C.P.O. B
OX 
6358C
HANDLER
, AZ 85246(646) 262-0500
 
i
*
Pub. L. No. 111-148, 124 Stat. 119 (2010),
amended by
Healthcare and Education Reconciliation Act of 2010, Pub. L. No.111-152, 124 Stat. 1029 (2010) (hereinafter “Affordable Care Act”or “Act”).
QUESTIONS PRESENTED
This case challenges Congress’s authority torequire private citizens to purchase and maintain“minimum essential” healthcare insurance coverageunder penalty of federal law (hereinafter “individualmandate”) pursuant to the Patient Protection and Affordable Care Act.
*
Petitioners, who are subject tothe individual mandate, seek review of the dividedopinion of the Sixth Circuit, which upheld theconstitutionality of the mandate as a proper exerciseof Congress’s Commerce Clause authority.1.Does Congress have authority under the CommerceClause to require private citizens to purchase andmaintain “minimum essential” healthcare insurancecoverage under penalty of federal law?2.Is the individual mandate provision of the Actunconstitutional as applied to Petitioners who arewithout healthcare insurance?
 
ii
PARTIES TO THE PROCEEDING
The Petitioners are Thomas More Law Center,Jann DeMars, John Ceci, Steven Hyder, and SalinaHyder (collectively referred to as “Petitioners”).The Respondents are President Barack HusseinObama, in his official capacity as President of theUnited States; Kathleen Sebelius, in her officialcapacity as Secretary, United States Department of Health and Human Services; Eric H. Holder, Jr., in hisofficial capacity as Attorney General of the UnitedStates; and Timothy F. Geithner, in his officialcapacity as Secretary, United States Department of Treasury (collectively referred to as “Respondents”).

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