No. 14-525
In the
Supreme Court of the United States
NICK COONS, et al.,
Petitioners,
v.JACOB J. LEW,Secretary of the Treasury, et al.,
Respondents.
On Petition for Writ of Certiorarito the United States Court of Appealsfor the Ninth Circuit
BRIEF AMICUS CURIAE OF PACIFICLEGAL FOUNDATION, REP. PHIL ROE AND OTHER MEMBERS OF CONGRESS*IN SUPPORT OF PETITIONERS
T
IMOTHY
S
ANDEFUR
*T
ODD
F.
G
AZIANO
*
Counsel of Record
Pacific Legal Foundation930 G StreetSacramento, California 95814Telephone: (916) 419-7111Facsimile: (916) 419-7747E-mail: tsandefur@pacificlegal.org
Counsel for Amici Curiae Pacific Legal Foundation and Members of Congress** Full list of amici Members of Congress on pages 1-2.
i
QUESTIONS PRESENTED
The petition presents two questions:1.Is Plaintiff Coons’s lawsuit for prospectiveinjunctive relief to bar irreparable injury—
i.e.
, theunconstitutional condition that the Affordable Care Act(ACA) imposes on his right to privacy—ripe for reviewnow, or must he first surrender that right, or pay a finefor exercising it, before he may seek injunctive relief?2.A litigant has standing “to raise constitutionalquestions of separation of powers with respect to anagency designated to adjudicate [his] rights,”
Buckleyv. Valeo
, 424 U.S. 1, 117 (1976), even before thatagency has acted, so long as the person is “directlysubject to the governmental authority [he] seek[s] tochallenge.”
Comm. for Monetary Reform v. Bd. of Governors of Fed. Reserve Sys.
, 766 F.2d 538, 543 (D.C.Cir. 1985). As a physician performing work forMedicare patients, Plaintiff Dr. Novackis directly subject to the authority of theIndependent Payment Advisory Board—an unelected,unaccountable, and purportedly unrepealable agencyempowered by the ACA to enact whatever laws itconsiders “related to the Medicare program,” 42 U.S.C.§ 1395kkk(c)(1)(A)—when he seeks reimbursements forhis practice. Does Dr. Novack have standing to seekprospective relief based on his separation-of-powersclaim? Amici address only the second question presented.
1
IDENTITY ANDINTEREST OF AMICI CURIAE
1
Pacific Legal Foundation (PLF) represents itself and the following Members of Congress as amici curiaein support of the Petition:Members of the House of Representatives and SenateRepresentative Phil RoeRepresentative Dan BenishekRepresentative Diane BlackRepresentative Marsha BlackburnRepresentative Paul BrounSenator Tom Coburn Representative Mike CoffmanRepresentative John FlemingRepresentative Trent FranksRepresentative Phil GingreyRepresentative Paul GosarRepresentative H. Morgan GriffithRepresentative Tim HuelskampRepresentative Thomas MassieRepresentative Tom McClintockRepresentative Alan NunneleeRepresentative Pete Olson
1
Pursuant to this Court’s Rule 37.2(a), all parties have consentedto the filing of this brief. Counsel of record for all parties receivednotice at least 10 days prior to the due date of the Amicus Curiae’sintention to file this brief. Letters evidencing such consent havebeen filed with the Clerk of the Court. Pursuant to Rule 37.6, Amici Curiae affirm that no counsel forany party authored this brief in whole or in part, and no counselor party made a monetary contribution intended to fund thepreparation or submission of this brief. No person other than Amici Curiae, their members, or their counsel made a monetarycontribution to its preparation or submission.
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