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Petition For A Writ Of Certiorari

Petition For A Writ Of Certiorari

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Published by: tpmdocs on Mar 20, 2012
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03/20/2012

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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
G
EORGE
 W.
 
M
 ADISON
General Counsel Department of the TreasuryWashington, D.C. 20220
 W
ILLIAM
B.
 
S
CHULTZ
 Acting General Counsel
K
ENNETH
 Y.
 
C
HOE
 Deputy General Counsel Department of Health and Human ServicesWashington, D.C. 20201
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
J
OSEPH
R.
 
P
 ALMORE
 Assistant to the Solicitor General
M
 ARK
B.
 
S
TERN
 A 
LISA 
B.
 
K
LEIN
S
 AMANTHA 
L.
 
C
HAIFETZ
D
 ANA 
K
 AERSVANG
 Attorneys Department of JusticeWashington, D.C. 20530-0001 SupremeCtBriefs@usdoj.gov(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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