Litigation challenging the ACA
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1 Litigation challenging the ACA Sarah Somers National Health Law Program April 21, 2011 Securing Health Rights for Those in Need
2 March 23, 2011 Fla. ex rel. McCollum v. Sebelius (N.D. Fla.) Va. ex rel. Cuccinelliv. Sebelius (E.D. Va.) Liberty Univ. v. Geithner(W.D. Va.) Thomas More Law Ctr. v. Obama (E.D. Mich.)
3 Widespread Challenges Federal district court: 25 cases Multiple Cases: DC, TX, VA Federal courts of appeal: 5 cases U.S. Supreme Court: 1 case
4 Who Are the Parties? Plaintiffs State officials, Liberty University, Thomas More Law Center, US Citizens Association, National Federation of Independent Businesses, Individuals Defendants Obama, Sebelius, Geithner, Solis, Holder, Pelosi, Reid
5 Claims: Violations of U.S. Constitution Congress does not have the power to: force individuals to purchase insurance commandeer the Medicaid program force disclosure of private info infringe on doctor/patient relations and compel insurance relations force taxpayers to fund abortion
6 Track Record to Date Motion to Dismiss Granted Thomas More (E.D. Mich.) (J. Steeh Clinton) Shreeve(E. D. Tenn.) (J. Collier Clinton) Liberty Univ. (W.D. Va.) (J. Moon Clinton) Baldwin(S.D. Cal.) (J. Sabraw G.W. Bush) N.J. Physicians Inc. (D. N.J.) (J. Wigenton G.W. Bush) Van Tassel (W.D. N.C.) (J. Schroeder G.W. Bush) Walters (D. Miss.) (J. Starrett G.W. Bush) Mead(D. D.C.) (J. Kessler Clinton)
7 Track Record to Date (con t) Motion to Dismiss Granted in Part, Denied in Part Florida ex rel. McCollum (N.D. Fla.) (J. Vinson Reagan) U.S. Citizens Ass n(n.d. Ohio) (J. Dowd Reagan) Motion to Dismiss Denied Virginia ex rel. Cuccinelli(E.D. Va.) (J. Hudson G.W. Bush)
8 Track Record to Date (con t) Motion for Summary Judgment Granted in Part, Denied in Part Florida ex rel. McCollum (N.D. Fla.) (J. Vinson Reagan) Virginia ex rel. Cuccinelli(E.D. Va.) (J. Hudson G.W. Bush) Congress power to regulate activities affecting interstate commerce does not include the power to force an individual to buy health insurance Failure to purchase insurance is not activity
9 Florida v. Sebelius FL, AK, AL, AZ, CO, GA, ID, IN, LA, MI, MS, ND, NE, NV, PA, SC, SD, TX, UT, WA Post Election: IA, KS, ME, OH, WI, WY Friend of the Court (amicus) briefs State and federal officials Health care provider associations (APHA, AAP, NACHC, NAPH) Advocacy groups Economists
10 Florida v. Sebelius Requirement that individual purchase health insurance or pay a penalty (individual mandate) Expansion of Medicaid eligibility to include millions more low-income people Declared entire law void
11 Cases to Watch: McCollum (con t) Amici in Support of Defendants: Govs. of WA, CO, MI, PA; AGs of IA, MD, VT, KY, OR; 78 state legislators; AHA; Assn. of Am. Med. Coll.; Cath. Health Assn. of US; NAPH; Fed. of Am. Hosp.; NACHC; ANA; AAP; APHA; 40 economists (3 Nobel laureates); AARP; Gray Panthers; Nat. Comm. to Preserve Soc. Sec. & Medicare; NPWF; Families USA; NAMI; Voice s for Am. Children; Children s Dental Health Proj.; Am. Assn. of People w/disabilities; ARC of US; Breast Cancer Assn.; Family Violence Prevention Fund; Friends of Cancer Research, March of Dimes, Mental Health Am., N. Breast Cancer Coal.; N. Org. for Rare Disorders; NDRN; NHeLP; NSCLC, BazelonCenter for Mental Health L.; Shriver Ctr.; NWLC, N. Women s Health Net.; Ovarian Cancer N. All.; Young Invincibles; Small Bus. Maj. Found. ; Fla. Ad.Ctr. for PWD; Fla. Ped. Society/AAP Chap.; Fla. All. for Retarded Am.; Fla. Comm. Health Action Info. Net.; Human Serv. Coal. of Dade Co; SEIU Fla. Healthcare; NAMI Fla. Amici in Support of Plaintiffs: 64 Republican Members of Congress; 32 Republican Senators; Govs. of MN, RI; Am. Ctr. for L. & Justice; Const. Comm. to Challenge the President & Congress on Health Care; ACRU; Family Research Council
12 U.S. Supreme Court
13 NHeLP Web-based Resources Health Reform Litigation Case Schedule (updated weekly) Q&A: Update on Litigation Challenging the Affordable Care Act Case Pleadings & Opinions/Orders Law review & magazine articles, blog posts
14 The Network for Public Health Law Connects and serves those committed to using the law to improve public health Technical assistance, training, connections with experts Southeastern Region North Carolina Institute for Public Health NHeLP
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