Defending the Affordable Care Act

Defending the Affordable Care Act

The Affordable Care Act was enacted on March 23, 2010. This comprehensive health care reform law makes health insurance affordable for millions of Americans and protects them against potentially catastrophic medical expenses. This law has become the subject of several lawsuits challenging the constitutionality of the provision requiring Americans who can afford it to maintain basic health insurance coverage. The Department is vigorously defending the law in these cases.

News

Tuesday, December 31, 2013
 
Monday, December 2, 2013
 
Thursday, November 21, 2013
 
Tuesday, November 19, 2013
 
Monday, August 19, 2013
 
September 28, 2011

Justice Department Asks the Supreme Court to Review the Affordable Care Act

September 8, 2011
 
June 29, 2011
 
February 23, 2011
 
January 31, 2011
 
December 14, 2010
 

Opinion of the Supreme Court of the United States with Regard to the Affordable Care Act

Opinion, June 28, 2012

Before the Supreme Court of the United States

State of Florida v. U.S. Department of Health and Human Services (N.D. FL)

  1. Defendants’ Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment
  2. Memorandum in Support of Defendants’ Motion to Dismiss
  3. Memorandum in Support of Defendants’ Motion for Summary Judgment
  4. Order and Memorandum Opinion
  5. Reply in Support of Defendants’ Motion to Dismiss
  6. Reply in Support of Defendants’ Motion for Summary Judgment
  7. Order Granting Summary Judgment
  8. Order of a Stay, March 3, 2010
  9. Notice of Appeal, March 8, 2011
  10. Motion for Expedited Review, March 9, 2011
  11. Response/Reply Brief for Appellants, May 18, 2011
  12. Petition for a Writ of Certiorari with Separate Appendix, September 28, 2011
  13. Affirmed Decision filed on August 12, 2011 holding mandate unconstitutional but severable
  14. Brief for Petitioners Regarding the Minimum Coverage Provision, January 7, 2012
  15. Reply Brief of Petitioners (Anti-Injunction Act), February 27, 2012
  16. Brief for the Petitioners Regarding the Anti-Injunction Act
  17. Reply Brief for Petitioners Regarding the Minimum Coverage Provision
  18. Reply Brief of Petitioners Regarding the Anti-Injection Act

Cases Upholding the Constitutionality of the Affordable Care Act

The Courts in these cases held that the minimum coverage provision of the Affordable Care Act is constitutional:

Liberty University v. Geithner (W.D. VA)

Case dismissed on November 30, 2010.
An appeal is currently pending before the 4th Circuit Court of Appeals.

  1. Joint Motion to Schedule Oral Argument for May 2011 on the Same Date and Before the Same Panel as Commonwealth of Virginia v. Sebelius, Nos. 11-1057 & 11-1058
  2. Memorandum in Support of Defendants’ Motion to Dismiss
  3. Memorandum Opinion
  4. Reply Memorandum in Support of Defendants' Motion to Dismiss
  5. Brief For Appellees
  6. Index of Amici Filings, Liberty University v. Geithner
  7. 4th Circuit Court of Appeals Opinion, September 8, 2011
  8. Petition for Writ of Certiorari, filed October 7, 2011

Mead v. Holder (D. DC)

Case dismissed on February 22, 2011.
An appeal is pending before the D.C. Circuit Court (Notice of appeal was filed February 25, 2011).

  1. Memorandum in Support of the Defendants’ Motion to Dismiss
  2. Memorandum Opinion
  3. Reply in Support of Defendants’ Motion to Dismiss
  4. Decision Upheld by the D.C. Circuit Court, November 8, 2011

Thomas More Law Center v. Obama (E.D. MI)

Case dismissed on October 7, 2010.
An appeal before the 6th Circuit Court of Appeals was dismissed June 29, 2011.

  1. Opinion by the 6th Circuit Court of Appeals, June 29, 2011
  2. Defendants’ Response to Plaintiffs’ Motion for Preliminary Injunction and Brief in Support
  3. Defendants’ Surreply to Plaintiffs’ Motion for Preliminary Injunction and Brief in Support
  4. Order Denying Plaintiffs’ Motion for Injunction and Dismissing Plaintiffs’ First and Second Claims for Relief
  5. Order Granting Expedition
  6. Brief for the Respondents, September 28, 2011
  7. Petition for Writ of Certiorari filed July 26, 2011

The Court announced that it would uphold the constitutionality of the Medicare reimbursement provisions of the Affordable Care Act in:

Physicians’ Hospital v. Sebelius (E.D. TX)

An order was issued November 24, 2010.
An appeal is pending before the 5th Circut Court.

  1. Defendant’s Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction
  2. Defendant’s Motion to Dismiss and Memorandum in Support Thereof
  3. Defendant’s Motion for Summary Judgment and Memorandum in Support Thereof
  4. Defendant’s Reply Memorandum in Support of Motion to Dismiss
  5. Defendant’s Reply Memorandum in Support of Motion for Summary Judgment
  6. Notice of Forthcoming Memorandum Opinion and Order Cancelling Trial Setting
  7. Notice Memorandum and Opinion, March 31, 2011

Cases Dismissing Some Claims and Allowing Others to Proceed

Calvey v. Obama (W.D. OK)

  1. Order on Motion to Dismiss, April 26, 2011

U.S. Citizens Association v. Kathleen Sebelius (N.D. OH)

An order was issued November 22, 2010.

  1. Memorandum Opinion and Order
  2. Memorandum in Support of Defendants’ Motion for Summary Judgment
  3. Memorandum in Support of Defendants’ Motion to Dismiss
  4. Memorandum in Support of Defendants’ Motion to Dismiss (Plaintiffs’ Second Amended Complaint)
  5. Reply Memorandum in Support of Defendants’ Motion to Dismiss (Plaintiffs’ Second Amended Complaint)
  6. Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment
  7. Judgment Entry Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure
  8. Order Granting Summary Judgment, July 1, 2011

Case Holding Minimum Coverage Provision Unconstitutional

Commonwealth of Virginia v. Sebelius (E.D.VA)

Case dismissed December 13, 2010.
An appeal is currently pending before the 4th Circuit Court of Appeals.

  1. Brief for the Respondent in Opposition, March 14, 2011
  2. Joint Motion to Expedite Briefing and to Schedule Oral Argument for May 2011
  3. Memorandum in Opposition to Plaintiff’s Motion for Summary Judgment
  4. Memorandum in Support of Defendant’s Motion to Dismiss
  5. Memorandum in Support of Defendant’s Motion for Summary Judgment
  6. Memorandum Opinion (Defendant's Motion to Dismiss)
  7. Memorandum Opinion (Cross Motions for Summary Judgment)
  8. Order
  9. Reply Memorandum in Support of Defendant’s Motion to Dismiss
  10. Reply Memorandum in Support of Defendant’s Motion for Summary Judgment
  11. Brief for Appellant
  12. Response/Reply Brief for Appellant, April 8, 2011
  13. Index of Amici Filings, Commonwealth of Virginia v. Sebelius
  14. 4th Circuit Court of Appeals Opinion, September 8, 2011
  15. District court’s decision vacated and remanded on September 8, 2011
  16. Petition for Writ of Certiorari filed September 30, 2011

Goudy-Bachman v. HHS

  1. Order granting plaintiff’s motion for summary judgment filed September 13, 2011

Cases Dismissed on Jurisdictional and Other Grounds

Claims challenging the constitutionality of the Affordable Care Act were dismissed because the plaintiffs lack standing or on other grounds.

Baldwin v. Sebelius (S.D. CA)

Case dismissed August 27, 2010.
An appeal is currently pending before the 9th Circuit Court of Appeals.

  1. Brief for Appellees
  2. Memorandum of Points and Authorities in Opposition to Application for a Temporary Restraining Order
  3. Memorandum of Points and Authorities in Opposition to Plaintiffs’ Motion for Preliminary Injunction and in Support of Defendants’ Motion to Dismiss
  4. Order Granting Defendants’ Motion to Dismiss and Denying Plaintiffs’ Motion for Preliminary Injunction
  5. Reply Memorandum in Support of Defendants’ Motion to Dismiss
  6. District Judgment affirmed August 12, 2011

Bryant v. Holder (S.D.MS)

Case dismissed February 3, 2011.

  1. Memorandum Order and Opinion

Kinder v. Geithner (E.D. MO)

Case dismissed April 26, 2011.

  1. Memorandum and Order

Mackenzie v. Shaheen (D. NH)

Case dismissed May 26, 2010.

  1. Judgment
  2. Memorandum of Law in Support of Motion to Dismiss

New Jersey Physicians v. Obama (D. NJ)

Case dismissed December 8, 2010.
An appeal is currently pending before the 3rd Circuit Court of Appeals.

  1. Appellants’ Brief and Volume I of Joint Appendix
  2. Memorandum in Support of Defendants’ Motion to Dismiss
  3. Opinion
  4. Reply Memorandum in Support of Defendants’ Motion to Dismiss
  5. Judge affirmed district court’s decision on August 3, 2011

Purpura v. Sebelius (D. NJ)

Case dismissed April 21, 2011.

  1. Memorandum Order
  2. Judge affirmed district court’s September 29, 2011

Shreeve v. Obama (E.D. TN)

Case dismissed November 4, 2010.

  1. Defendants’ Memorandum in Support of Defendants’ Motion to Dismiss and in Opposition to Plaintiffs’ Motion for Preliminary Injunction
  2. Memorandum
  3. Reply in Support of Defendants’ Motion to Dismiss

Cases Dismissed Voluntarily or Without Prejudice

Bellow v. HHS(E.D. TX)

Motion to Dismiss granted without prejudice for lack of subject matter jurisdiction on June 8, 2011.

Burlsworth v. Holder (E.D. AR)

Case dismissed on August 8, 2010. Motion to Dismiss granted without prejudice and plaintiffs’ motion for preliminary injunction was denied on September 27, 2010. Plaintiffs’ claims fail on standing grounds.

  1. Memorandum in Support of Motion to Dismiss

Butler v. Obama (E.D. NY)

Motion to Dismiss granted due to lack of standing on September 20, 2011.

Pl’s letter to replead is due October 28, 2011.

Fountain Hills Tea Party Patriots v. Sebelius (D. AZ)

Case dismissed on June 17, 2010; voluntary dismissal and failure to show cause.

Graves v. Sebelius (E.D. CA)

Voluntary Dismissal filed September 29, 2011.

Independent American Party v. Obama (D. NV)

Dismissal sua sponte without prejudice filed March 7, 2011.

McGuire v. HHS (C.D. CA)

Case Dismissed August 31, 2011 on the grounds plaintiff failed to respond to Order to Show Cause.

Peterson v. U.S.A (D. NH)

Motion Dismissed granted March 30, 2011.

Sollars v. Reid (N.D. IN)

Case dismissed April 2, 2010.

  1. Memorandum in Support of Defendants’ Motion to Dismiss

Yahweh v. Obama (W.D. TN)

Case dismissed Sua Sponte by the court without prejudice July 8, 2011.