Tuesday, November 8, 2011

D.C. Circuit Upholds Constitutionality Of Health Care Act

In an opinion that begins by indicating the court would "be sparing in adding to the production of paper" already released by "our sister circuits," the U.S. Court of Appeals for the D.C. Circuit released a 103 page opinion upholding the constitutionality of the Patient Protection and Affordable Care Act. Senior Circuit Judge Silberman wrote the opinion for the court and Senior Circuit Judge Edwards concurred with an opinion. Circuit Judge Kavanaugh dissented with an opinion and would have held the court did not have jurisdiction and should not decide the merits. The Court's opinion can be viewed below:

Articles about the opinion can be read on the Washington Times website, "Appeals Court upholds Obama's health care law," the ACA Litigation Blog, "Breaking News: D.C. Circuit Upholds ACA," and many others including Time Magazine's "In D.C. Circuit Health Reform Ruling, A Big Get For White House."

In the opinion, the court noted that other circuits have already addressed the issue: Thomas More Law Ctr. v. Obama, 651 F.3d 529, 534-35 (6th Cir. 2011); Florida v. U.S. Dep’t of Health and Human Servs.648 F.3d 1235, 1249-62 (11th Cir. 2011) [HERE at page 3]. Additionally, the Fourth Circuit released opinions on the issue in Virginia v. Sebelius and Liberty University v. Geithner. Other circuit opinions can be viewed at the following links: Third Circuit (New Jersey Physicians v. President of the United States), Sixth Circuit (U.S. Citizens Assoc. v. Sebelius, pending), Ninth Circuit (Baldwin v. Sebelius).

If interested, the ACA Litigation Blog is a great resource and hosted by Santa Clara University Professor of Law Brad Joondeph and Brandon Douglass, Judicial Extern/Office of Staff, Attorneys United States Court of Appeals for the Ninth Circuit. The ACA Litigation Blog has a spreadsheet that updates the status of the 28 lawsuits involving challenges to the Patient Protection and Affordable Care Act. That spreadsheet can be downloaded by clicking on the link at the top of the ACA Litigation BlogThe United States Department of Justice also has a page with the briefs and opinions from the various circuits. That page can be viewed HERE. Finally, the United States Supreme Court has a page, HERE, listing all of the filings in the Supreme Court relating to the Patient Protection and Affordable Care Act. The filings existing on the Supreme Court's page at the time of this blog post are copied below (click the "Read More" link if viewing this post on the main page):

11-117Thomas More Law Center, et al., v. Barack H. Obama, President of the United States, et al.
Petition for Writ of Certiorari
Brief in Opposition
Reply Brief 
11-393National Federation of Independent Business, et al., , v. Kathleen Sebelius, Secretary of Health and Human Services, et al.,
Petition for Writ of CertiorariAppendix to PetitionBrief in Opposition 
11-398Department of Health and Human Services, et al., v. Florida, et al. 
Petition for a Writ of CertiorariAppendix to Petition
Brief of Private Respondents
Brief of State Respondents
Reply Brief 
11-400Florida, et al., v. Department of Health and Human Services, et al. 
Petition for Writ of CertiorariBrief in OppositionReply Brief 
11-420Virginia, ex rel. Kenneth T. Cuccinelli, II, Attorney General of Virginia v. Kathleen Sebelius, Secretary of Health and Human Services
Petition for Writ of CertiorariBrief in Opposition
11-438Liberty University, et al., v. Timothy F. Geithner , Secretary of the Treasury, et al., 
Petition for a Writ of CertiorariBrief in Opposition
Reply Brief 


Post a Comment