Circuit Court
Liberty University, et al. v. Geithner, et al. (4th Cir.)
The Fourth Circuit ruled that the Anti-Injunction Act bars pre-enforcement challenges to the ACA’s imposition of penalties for violations of the individual and employer mandates, since those penalties are “taxes” within the meaning of the Anti-Injunction Act.
- Decision
(September 8, 2011) - Supplemental Brief for Appellees
(May 31, 2011) - Reply Brief of Appellants
(March 4, 2011) - Brief for Appellees
(February 18, 2011) - Opening Brief of Appellants
(January 17, 2011)
Virginia v. Sebelius (4th Cir.)
The Fourth Circuit concluded that the Commonwealth of Virginia lacked standing under Article III of the Constitution to challenge the ACA’s individual mandate.
- Decision
(September 8, 2011) - Supplemental Brief for Appellant
(May 31, 2011) - Response/Reply Brief for Appellant
(April 8, 2011) - Appellee’s Opening and Response Brief
(March 28, 2011) - Brief for Appellant
(February 28, 2011)
Thomas More Law Center, et al. v. Obama, et al. (6th Cir.)
The Sixth Circuit held that (1) the individual mandate is a valid exercise of Congressional power under the Commerce Clause and the Necessary and Proper Clause, and (2) the individual mandate imposed a regulatory penalty, not a tax, and thus is not an extension of Congress’s power under the Taxing and Spending Clause.
- Decision
(June 29, 2011) - Appellants’ Reply Brief
(January 28, 2011) - Appellees’ Brief
(January 14, 2011) - Appellants’ Brief
(December 15, 2010)
Florida, et al. v. Department of Health and Human Services, et. al. (11th Cir.)
The Eleventh Circuit ruled that (1) the ACA’s expansion of Medicaid did not violate the Tenth Amendment, (2) the individual mandate exceeded Congress’s powers under the Commerce Clause and the Necessary and Proper Clause, (3) the individual mandate imposed a civil penalty rather than a tax and hence could not be authorized under the Taxing and Spending Clause, and (4) the individual mandate could be severed from the remainder of the ACA.
- Decision
(August 12, 2011) - Reply Brief of Appellee / Cross-Appellant States
(May 24, 2011) - Opening / Response Brief of Appellee / Cross-Appellant States
(May 5, 2011) - Brief for Appellants
(April 1, 2011)
Seven-Sky, et al. v. Holder, et al. (D.C. Cir.)
The D.C. Circuit held that (1) the Anti-Injunction Act did not bar pre-enforcement challenges to enforcement of the ACA’s penalty provisions, and (2) the individual mandate was within Congress’s power under the Commerce Clause.
- Decision
(November 8, 2011) - Reply Brief of Plaintiffs-Appellants
(July 25, 2011) - Brief for Appellees
(June 27, 2011) - Opening Brief of Plaintiffs-Appellants
(May 16 , 2011)