Before the ink from President Obama's signature was dry on the landmark health care reform law, opponents across the country had begun a campaign to use the courts to do what they couldn't do through legislative means - undermine the new law. ACS has created this page as a resource for its members and other interested individuals that will allow for easy tracking of challenges to the health care reform law and resources about them.

The Latest News

Recommended Resources

• Issue Briefs
• Briefings
• Panel Discussions (Video)
• Guest Blogs and Video Podcasts
• ACS Experts in the News
• Recent ACSblog Coverage
• Other Resources

State-by-State Coverage

State Information

Click on a state above to see Legal Filings, Decisions, Upcoming Argument Dates, and News.

State Information - VA

Legal Filings

Legal Filings

 

Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II v. Sebelius
 

United States Supreme Court

Petition for writ of certiorari (9/30/11)

 

U.S. Court of Appeals for the Fourth Circuit

Opinion (9/8/11)

Reply brief of the Petitioner (3/22/11)

Brief for the Respondent in Opposition (3/14/11)

Brief for Appellant (2/28/11)

Petition for a writ of certiorari before judgment (2/8/11)

Order Granting Motion to Expedite (1/26/11)

Scheduling Order (1/26/11)

 

U.S. District Court for the Eastern District of Virginia

Memorandum Opinion (12/13/10)

Reply Memorandum in Support of Plaintiff’s Motion for Summary Judgment (10/4/10)

Reply in Support of Defendants’ Motion to Dismiss (9/24/10)

Memorandum in Opposition to Plaintiff’s Motion for Summary Judgment (9/23/10)

Plaintiff’s Memorandum in Opposition to the Secretary’s Motion for Summary Judgment (9/23/10)

Complaint for Declaratory and Injunctive Relief (3/23/10)

Memorandum in Support of Defendant’s Motion for Summary Judgment (9/3/10)

Plaintiff’s Memorandum in Support of Motion for Summary Judgment (9/3/10)

 

Amicus briefs:

• Ray Parker, pro se, Supporting State
• American Center for Law & Justice and Members of Congress, Supporting State
• Constitutional Law Professors in Support of Motion to Dismiss
• Landmark Legal Foundation in Opposition to Motion to Dismiss
• Amici Curiae of the Cato Institute, Competitive Enterprise Institute, and Prof. Randy E. Barnett in Opposition to Motion to Dismiss
• Liberty Guard in Opposition to Motion to Dismiss
• March of Dimes Foundation et al in Support of Motion to Dismiss
• Washington Legal Foundation in Opposition to Motion to Dismiss
• Small Business Majority and Main Street Alliance in Support of Motion to Dismiss
• Young Invincibles in Support of Defendant's Motion for Summary Judgment
• Virginia Organizing in Support of Defendant's Motion for Summary Judgment (10/4/10)
• Americans for Free Choice in Medicine
• American Civil Rights Union
• Physician Hospitals of America  (10/4/10)
• Mountain States Legal Foundation (10/5/10)
• America's Health Insurance Plans (3/7/11)
• American Ass'n of People with Disabilities et al.  (3/4/11)
• AARP (3/7/11)
• American Nurses Association (3/4/11)
• National Women's Law center et al.  (3/7/11)
• American Cancer Society et al.(3/7/11)
• Constitutional Accountability Center (3/7/11)
• Barry Friedman et al.  (3/7/11)
• Kevin Walsh(3/7/11)
• Economic Scholars (3/7/11)
• Federal jurisdiction professors (3/7/11)
• Constitutional law professors (3/7/11)
• SEIU(3/7/11)
• American Hospital Ass'n (3/7/11)
• Young Invincibles (3/7/11)
• Gov. Gregoire (D-WA) (3/7/11)
• Massachusetts(3/7/11)
• California et al.  (3/7/11)
• Pacific Legal Foundation, Matthew Sissel and Americans for Free Choice in Medicine(4/4/11)
• The Washington Legal Foundation and a group of constitutional law scholars(4/4/11)
• The American Center for Law and Justice, 49 Members of the House of Representatives, and the Constitutional Committee to Challenge the President and Congress on Health Care (4/4/11)
• The Assoc. of American Physicians and Surgeons (4/4/11)
• The Cato Institute, the Competitive Enterprise Institute and Prof. Randy E. Barnett(4/4/11)
• Mountain States Legal Foundation (4/4/11)
• Justice and Freedom Fund (4/4/11)
• Kurt Rohlfs (4/4/11)
• Virginia Delegate Bob Marshall, Gun Owners of America, Inc., Gun Owners Foundation, American Life League, Inc., Institute on the Constitution, the Lincoln Institute for Research and Education, Public Advocate of the United States, Conservative Legal Defense and Education Fund, The Liberty Committee, Downsize DC Foundation, DownsizeDC.org, and Policy Analysis Center (4/4/11)
• The Family Research Council (4/4/11)
• The Landmark Legal Foundation (4/4/11)
• Three Former Attorneys General (4/4/11)

 

---

Liberty University, Inc. et al v. Geithner et al

 

United States Supreme Court

Brief for the respondents (10/18/11)

Petition for writ of certiorari (10/7/11)

 

U.S. Court of Appeals for the Fourth Circuit

Opinion (9/8/11)

Reply Brief of Appellants (3/4/11)

Brief for Appellees (2/18/11)

Opening Brief of Appellants (1/18/11)

Briefing Order (12/7/10)

 

U.S. District Court for the Western District of Virginia

Opinion (11/30/10)

Complaint (3/23/10)

 

Amicus briefs:

• Mountain States Legal Foundation in Support of Plaintiffs-Appellants
• Revere America Foundation
• Constitutional Law Professors (2/25/11)
• Senator Reid and Representative Pelosi (2/25/11)
• Economic Scholars (2/25/11)
• National Women's Law Center (2/25/11)
• American Nurses Association (2/25/11)
• ACLU (2/25/11)
• American Ass'n of People with Disabilities (3/2/11)
• American Hospital Ass'n (3/7/11)

Decisions

Argument Dates

Liberty Univ. v. Geithner

• Feb. 18 (U.S. brief due)
• Feb. 25 (amicus supporting U.S. due)
• Mar. 4 (reply brief due)

Virginia v. Sebelius

• Feb. 28 (U.S. brief due)
• Mar. 7 amicus supporting U.S. due)
• Mar. 28 (Virginia's brief due)

Fourth Circuit

• May 10-13 cases will have back-to-back hearings

News

• "Cuccinelli reiterates request for Supreme Court review of health care case," from The Virginian-Pilot (3/22/11)
• "Obama urges Supreme Court to deny Va.’s request for expedited health care review," from The Washington Post (3/15/11)
• "U.S. Backs Health Care Reform Act in Appeals Court Briefing," from Bloomberg (2/28/11)
• "Virginia to Ask Supreme Court to Rule on Health Care Law," from The New York Times (2/3/11)
• "Judge Voids Key Element of Obama Health Care Law," from The New York Times (12/13/10)

State Information - FL

Legal Filings

State of Florida et al v. United States Department of Health and Human Services et al

 

United States Supreme Court

NFIB v. Sebelius (11-393)

• Petition for writ of certiorari (Sept. 28, 2011)
• Appendix to Petition (Sept. 28, 2011)
• Consolidated response for the respondents (Oct. 18, 2011)

HHS v. Florida (11-398)

• Petition for writ of certiorari (Sept. 28, 2011)
• Appendix to Petition  (Sept. 28, 2011)
• Brief in response for private respondents (Oct. 14, 2011)
• Brief for state respondents (Oct. 18, 2011)
• Reply brief for petitioners (Oct. 27, 2011)

Florida v. HHS (11-400)

• Petition for writ of certiorari (Sept. 28, 2011)
• Waiver of response by private respondents to states' petition (Oct. 14, 2011)
• Consolidated response for the respondents (Oct. 18, 2011)
• Reply brief of state petitioners (Oct. 24, 2011)

 

U.S. Court of Appeals for the Eleventh Circuit

• Opinion (Aug. 12, 2011)
• Reply Brief of Appellee (May 24, 2011)
• Reply Brief of Appellants(May 18, 2011)
• Brief for Appellee (May 4, 2011)
• Brief for Private Plaintiffs-Appellees (May 4, 2011)
• Brief for Appellants (Apr. 1, 2011)
• Order Denying Petition for Hearing en banc (Mar. 31, 2011)
• U.S. Response to Plaintiffs' Petition for initial en banc review (Mar. 18, 2011)
• Appellees’ Petition for Hearing en banc
• Response to Appellants’ Motion for Expedited Appeal (Mar. 11, 2011)
• Appellants’ Motion for Expedition (Mar. 9, 2011)

 

United States District Court for the Northern District of Florida Pensacola Division

• Judge Vinson’s Stay of His Ruling (Mar. 3, 2011)
• Reply in Support of Defendants' Motion to Clarify (Feb. 28. 2011)
• Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Clarify (Feb. 23, 2011)
• Order Directing Expedited Filing (Feb. 18, 2011)
• Justice Department Request for Clarification (Feb. 18, 2011)
• Judge Vinson’s Order Expediting the Briefing Schedule in Response to DOJ Motion (Feb. 18, 2011)
• Defendants’ Motion to Clarify (Feb. 17, 2011)
• Order Granting Summary Judgment (Jan. 31, 2011)
• District Court Order Granting Motion to Add Six States (Jan. 19, 2011)
• Second Amended Complaint (Jan. 18, 2011)
• Plaintiffs’ Motion for Leave to File Second Amended Complaint Joining Additional Plaintiff States and Memorandum in Support (Jan. 18, 2011)
• Plaintiffs' Summary Judgment Reply (Dec. 6, 2010)
• Defendants' Summary Judgment Reply (Dec. 6, 2010)
• Plaintiffs' Response to Defendants' Statement of Facts as to Which There is No Genuine Issue (Nov. 23, 2010)
• Plaintiffs’ Memorandum in Opposition to Defendants’ Motion for Summary Judgment (Nov. 23, 2010)
• Defendants' Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment (Nov. 23, 2010)
• Memorandum in Support of Plaintiffs’ Motion for Summary Judgment (Nov. 4, 2011)
• Memorandum in Support of Defendants’ Motion for Summary Judgment (Nov. 4, 2011)
• Order and Memorandum Opinion (Oct. 14, 2010)
• Reply In Support of Defendants’ Motion to Dismiss (Aug. 27, 2010)
• Plaintiffs' Memorandum in In Opposition to Defendants' Motion to Dismiss (Aug. 6, 2010)
• Defendants' Motion to Dismiss (Jun. 16, 2010)
• Amended Complaint (May 14, 2010)
• Letter from Governor of Michigan (Mar. 24, 2010)
• Original Complaint (Mar. 23, 2010)

 

Amicus briefs:

• American Center for Law and Justice,105 Members of Congress, and the Supreme Court Committee to Declare Obamacare Unconstitutional (Oct. 27, 2011)
• U.S. Chamber of Commerce (Oct. 25, 2011)
• Senator Harry Reid and Representative Nancy Pelosi et. al. (Apr. 11, 2011)
• House Speaker John Boehner 
• 32 Republican U.S. Senators
• 63 Republican U.S. Representatives
• Democratic State Legislators (Apr. 8, 2011)
• Republican State Legislators
• American Center for Law and Justice and 74 Republican U.S. Representative
• Govs. Pawlenty (R-MN) & Carcieri (R-RI)
• Govs. Gregoire (D-WA), Granholm (D-MI), Ritter (D-CO), and Rendell (D-PA)
• Attorneys General of Oregon, Iowa, & Vermont
• Attorneys General of Oregon, California, Iowa, Delaware, New York, Maryland, Connecticut, Hawaii, Vermont, and Washington, D.C. (Apr. 11, 2011)
• North Carolina legislative leaders and Minnesota legislators
• Attorney General Martha Coakley (D-MA) (Apr. 11, 2011)
• Attorney General Chris Koster (D-MO) (Apr. 11, 2011)
• Professor Kevin Walsh (Apr. 11, 2011)
• Constitutional Law Professors (Apr. 11, 2011)
• Economic Scholars
• American Academy of Pediatrics et al.
• American Association of People with Disabilities et al. (Apr. 11, 2011)
• American Civil Rights Union
• American Hospital Association et al.
• American Legislative Exchange Council
• American Nurses Association et al. (Apr. 11, 2011)
• Association of American Physicians and Surgeons et al. 
• Catholic Medical Association et al. 
• CATO Institute
• Doctors4PatientCare et al.
• Family Research Council
• Heritage Foundation
• Independence Institute et al.
• Justice and Freedom Fund
• Landmark Legal Foundation
• Mountain States Legal Foundation
• The National Indian Health Board et al. (Apr. 11, 2011)
• Physician Hospitals of America
• Revere America Foundation
• Small Business Majority Foundation
• South Carolina Chamber of Commerce
• Washington Legal Foundation and Constitutional Law Scholars
• Young Invincible

Decisions

• "Feds amp argument for individual health insurance mandate," from Politico (5/18/11)

• "U.S. files reply-response brief in Florida v. HHS," from the ACA Litigation Blog (5/18/11)

• State of Florida et al v. U.S. Department of Health and Human Services et al (January 31, 2011)

• U.S. Court of Appeals for the Eleventh Circuit denial of the plaintiff-appellees' petition for initial hearing en banc in Florida v. HHS (March 31, 2011)

Argument Dates

None

News

• "Fla. Senate approves bill responding to Obama's health care law," from Legal Newsline (5/2/11)

• "Florida judge refuses to halt new healthcare law," from Reuters (3/3/11)

• "Obama's 'risky move' in Florida," from Politico (2/27/11)

• “U.S. seeks health care clarity,” from SCOTUSblog (2/18/11)
• Federal Judge Rules That Health Law Violates Constitution, from The New York Times (1/31/11)
• Florida judge weighs health-care challenge by states, from The Washington Post (12/17/10)

State Information - MI

Legal Filings

Thomas More Law Center, et al., v. Barack H. Obama, President of the United States, et al.

United States Supreme Court

• Petitioners’ Reply Brief (Oct. 6, 2011)
• Brief of United States as Respondents (Sept. 28, 2011)
• Petition for writ of certiorari (July 26, 2011)

U.S. Court of Appeals for the Sixth Circuit

• Opinion (June 29, 2011)
• Response to Motion to Dismiss (May 30, 2011)
• Declaration of Plaintiff (May 30, 2011)
• Declaration of Plaintiff (May 30, 2011)
• Motion to Dismiss Appeal (May 27, 2011)
• Appellants Supplemental Letter Brief (May 23, 2011)
• U.S. Supplemental Letter Brief (May 23, 2011)
• Appellants’ Brief (May 16, 2011)
• Appellants Reply Brief (March 4, 2011)
• Appellants Additional Citation (Feb. 1, 2011)
• Appellants Motion to Expedite (Jan. 31, 2011)
• Sixth Circuit Briefing Schedule (Nov. 4, 2010)

United States District Court for the Eastern District of Michigan

• Brief of U.S. as Appellee (Jan. 14, 2011)
• Brief of Appellants (Dec. 15, 2010)
• District Court Opinion (Oct. 7, 2010)
• Complaint (March 23, 2010)

Amicus briefs:

• Messrs. Caplin and Cohen (Aug. 25, 2011)
• Harry Reid et al. (Jan. 21, 2011)
• Amicus Brief Economic Scholars (Jan. 21, 2011)
• Oregon et al. (Jan. 21, 2011)
• Gov. Gregoire (Jan. 21, 2011)
• American Hospital Ass’n et al. (Jan. 21, 2011)
• Constitutional Law Professors (Jan. 21, 2011)
• American Cancer Society et al. (Jan. 21, 2011)
• American Ass’n of People with Disabilities et al. (Jan. 21, 2011)
• Washington Legal Foundation (Dec. 22, 2010)
• MSLF (Dec. 22, 2010)
• ACLJ (Dec. 15, 2010)
• Steven Willis
• CATO Institute
• HR Policy Ass’n
• Pacific Legal Foundation
• Mountain States Legal Foundation

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

 

Decisions

• District Court opinion

Argument Dates

None

News

• "Health Care Law Goes to Appeals Courts, States Weigh Enforcement," from Bloomberg (2/02/11)
• "Harry Reid, Nancy Pelosi defend health care reform in lawsuit," from Politico (1/21/11)
• "Democratic AGs support federal health care reform," from Legal Newsline (1/24/11)
• "Obama administration filed brief in healthcare challenge appeal," from The Hill (1/14/11)

State Information - CA

Legal Filings

Baldwin v. Sebelius (U.S. District Court for the Southern District of Californai)

• Ninth Circuit opinion – district judgment affirmed (8/12/11)
• Appellants' reply brief (2/7/11)
• Appellants' petition for en banc review (2/7/11)
• Opening brief for United States (1/26/11)
• Brief for appellants (11/24/10)
• Ninth Circuit scheduling order (9/23/10)
• District Court Opinion - Order Granting Defendants’ Motion to Dismiss and Denying Plaintiffs’ Motion for Preliminary Injunction (8/27/10)
• Reply Memorandum in Support of Defendants’ Motion to Dismiss (7/9/10)
• Memorandum of Points and Authorities in Opposition to Plaintiffs’ Motion for Preliminary Injunction and in Support of Defendants’ Motion to Dismiss (6/25/10)
• Memorandum of Points and Authorities in Opposition to Application for a Temporary Restraining Order (6/4/10)

Boyle v. Sebelius (United States District Court for the Central District of California)

• Complaint (9/22/11)

Decisions

• District court opinion (8/27/10)

Argument Dates

• Feb. 9 (appellants' reply brief due)

News

• "Virginia to ask Supreme Court to review U.S. health law," from Westlaw News (2/3/11)
• "Health care case denied; no grants," from SCOTUSblog (11/8/11)

State Information - NJ

Legal Filings

Association of American Physicians & Surgeons v. Sebelius

• Second Amended Complaint (9/13/10)
• Amended Complaint  (8/23/10)
• Original Complaint (3/26/10)

Purpura v. Sebelius

• District Court for the District of New Jersey's opinion, dismisses the case (4/21/11)
• Amended summary judgment request (12/10/10)
• Complaint

Decisions

Argument Dates

News

• "NJ doctors' group suing to block health care law," from The San Francisco Chronicle (6/22/11)
• "Purpura v. Sebelius series," from the Examiner (12/22/10)
• "N.J. judge throws out suit challenging health law," from The Associated Press (12/8/10)
• "N.J. doctors group files suit to overturn U.S. health care legislation," from NJ.com (3/23/10)

State Information - OH

Legal Filings

Appellants’ reply brief (7/18/11)

Brief of United States (7/6/11)

District Court’s final judgment on count 1 – Order Granting Summary Judgment (7/1/11)

Brief of Appellants (5/6/2011)

Plaintiffs’ motion to clarify or reconsider (3/7/11)

District Court’s final judgment on counts 2, 3 and 4 – Judgment Entry Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure (2/28/11)

Plaintiffs’ memorandum in opposition to U.S. motion for summary judgment (2/14/11)

U.S. memorandum in opposition to plaintiffs’ motion for summary judgment (2/14/11)

Plaintiff’s motion for summary judgment (1/24/11)

Memorandum in Support of Defendants’ Motion for Summary Judgment (1/24/11)

District Court order denying stay (12/20/10)

U.S. motion to stay proceedings (12/3/10)

District court opinion on U.S. motion to dismiss (11/22/10)

Memorandum in Support of Defendants’ Motion to Dismiss (8/12/10)

Memorandum in Support of Defendants’ Motion to Dismiss (Plaintiffs’ Second Amended Complaint) (8/12/10)

Reply Memorandum in Support of Defendants’ Motion to Dismiss (Plaintiffs’ Second Amended Complaint) (11/19/10)

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

 

Decisions

• District Court's Decision on Counts Two, Three and Four (2/28/11)
• District Court order denying stay
• District court opinion on U.S. motion to dismiss

Argument Dates

• Feb 14 (response briefs due)

News

• "FACTBOX: Lawsuits challenging U.S. healthcare reform," from Reuters (1/28/11)
• "Ohio Officially Part of Healthcare Lawsuit," release from Attorney General Mike DeWine (1/19/11)
• "Ohio AG [Cordray] Explains Why He Won't Sue Over Health Care," from The Blog of Legal Times (3/29/10)

State Information - PA

Legal Filings

District Court opinion granting summary judgment (9/13/11)

U.S. response to supplemental brief (8/30/11)

Plaintiffs' supplemental brief on Eleventh Circuit’s opinion declaring individual mandate unconstitutional (8/19/11)

Plaintiffs' reply brief (8/1/11)

U.S. reply brief (7/18/11)

Plaintiffs' motion for summary judgment (7/6/11)

U.S. motion for summary judgment (6/21/11)

Parties' joint stipulation (6/8/11)

June 1 scheduling order (6/1/11)

District court order denying 12(b)(1) motion (1/24/11)

Plaintiffs' supplemental brief in opposition to motion to dismiss (8/7/10)

Plaintiffs' brief in opposition to motion to dismiss (7/26/10)

U.S. motion to dismiss

Original complaint (4/12/10)

Plaintiff in State of Florida v. U.S. Department of Health and Human Services
 

Decisions

• District court order denying 12(b)(1) motion

Argument Dates

None

News

• "Pa. Gov urges administration to fast-track reform lawsuits," from The Hill's Healthwatch (3/23/11)
• "Federal judges rules Pennsylvania couple can challenge federal health care law," from the New York Post (1/27/11)

State Information - MS

Legal Filings

Memorandum Opinion and Order  (8/29/11)

Walters et. al. v. Holder  - Lt. Gov. Phil Bryant also a plaintiff (4/9/11)

Amended complaint (3/4/11)

District court order dismissing complaint in Bryant v. Holder (2/3/11)

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

 

Decisions

• District court order dismissing complaint in Bryant v. Holder

Argument Dates

• Mar. 5 (deadline for amended complaint)

News

• "Mississippi judge dismisses health care overhaul lawsuit," from The Clarion-Ledger (2/4/11)
• Mississippi Judge Tosses Health Care Reform Challenge -- But Doesn't Address the Key Question," from TPM (2/4/11)

State Information - AZ

Legal Filings

Coons v. Geithner

• U.S. reply in support of motion for summary judgment (9/12/11)
• Plaintiffs reply brief (8/29/11)
• U.S. motion for summary judgment (8/10/11)
• Scheduling order (8/2/11)
• U.S. reply in support of stay (7/14/11)
• Platintiffs' reply to U.S. motion to stay plaintiffs' motion for summary judgment (7/7/11)
• U.S. reply in support of motion to dismiss (7/5/11)
• U.S. motion to stay plaintiffs' motion for summary judgment (6/23/11)
• Amicus brief of Pacific Legal Foundation (6/21/11)
• Plaintiffs' motion for summary judgment (6/20/11)
• Plaintiffs' motion to treat U.S. motion to dismiss as motion for summary judgment (6/20/11)
• Amended complaint (5/10/11)
• U.S. motion to dismiss (5/31/11)
• Original complaint

Fountain Hill Tea Party Patriots v. Sebelius

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

Plaintiff in State of Florida v. U.S. Department of Health and Human Services
 

Decisions

None

Argument Dates

None

News

• "Arizona Senate Passes Bill To Let State Nullify Federal Laws," from TPM (3/4/11)

• “Arizona Senate OKs two bills on states rights,” from the Yuma Sun (2/17/11)
• "Watchdog agency files health care suit for Tempe candidate," from The Arizona Republic (8/12/10)

State Information - OK

Legal Filings

Eastern District of Oklahoma

• U.S. reply in support of motion to dismiss (4/26/11)
• Plaintiffs' memorandum in opposition to motion to dismiss (4/8/11)
• U.S. Motion to Dismiss (3/28/11)
• Original complaint

Western District of Oklahoma

• Scheduling order (8/3/11)
• Order on Motion to Dismiss (4/26/11)
• Second amended complaint (3/25/11)
• Original complaint (8/6/10)

Decisions

None

Argument Dates

None

News

• "Oklahoma attorney general files lawsuit challenging health care law," from The Oklahoman (1/22/11)
• "Oklahoma Congressional candidate Kevin Calvey sues over health care," from News OK

State Information - DC

Legal Filings

• Sissel v. HHS, Original complaint
• U.S. motion to dismiss
• Plaintiff's memo opposing U.S. motion to dismiss
• U.S. reply brief
• Seven-Sky v. Holder (formerly Mead v. Holder), Amended complaint
• District Court meet and confer statement
• Plaintiffs' motion for summary judgment
• U.S. motion to dismiss
• Plaintiffs' memorandum in opposition to motion to dismiss
• U.S. reply brief
• Judge Kessler’s Ruling in Favor of the Affordable Care Act (2/22/11)
• Amicus Briefs (5/25/11)

Association of American Physicians & Surgeons et al.

Caesar Rodney Institute

Catholicvote.org

CATO Institute et al.

Chamber of Commerce of the United States (in support of neither party)

Judicial Watch

Texas, Florida, Alabama, Indiana, Kansas, Maine, Michigan, Nebraska, North Dakota, Ohio, Pennsylvania, South Dakota, Washington, and Wisconsin (filed by Paul Clement)

Steven J. Willis

Decisions

None

Argument Dates

Seven-Sky v. Holder

• May 16: Plaintiff-Appellants’ brief and appendix due
• May 23: Amici curiae briefs in support of appellants (if any) due
• June 27: United States brief as appellee due
• July 5: Amici curiae briefs in support of United States (if any) due
• July 25: Plaintiff-appellants’ reply brief September: Oral argument before a three-judge panel

News

• "Iowa man sues federal government over health care reform," from the Iowa Independent (7/31/10)
• "Judges presiding over health care lawsuits invested in industry," from the Tucson Sentinel (12/21/10)
• Federal Judge in D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality," from Talking Points Memo (2/22/11)

State Information - WA

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

• “Inslee: McKenna should back off health-care lawsuit,” from The Seattle Times (2/3/11)
• “Gregoire wants to intervene in health-care lawsuit,” from the Seattle Times (6/23/10)
• UW expert: McKenna health care lawsuit ‘meritless’, from the Seattle Post Intelligencer (3/29/10)

State Information - OR

Legal Filings

Decisions

Argument Dates

News

• “Oregon AG, governor vow to defend health care law,” from Legal Newsline (3/31/10)

State Information - ID

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

• "U.S. health care law not immune to nullification," from USA Today (2/28/11)
• “Blast from the past: Idaho panel OKs nullification,” from Bloomberg (2/10/11)
• “Idaho agencies have millions in grants from federal health care reform,” from the Idaho Reporter (2/3/11)

State Information - AK

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

• Alaska Gov. Parnell says he will move slow in implementing federal health care," from the Fairbanks Daily News-Miner (3/03/11)
• “Alaska Governor Refusing To Enact Health Care Law,” from NPR (2/17/11)
• “Alaska joins states' suit against federal health care overhaul,” from the Anchorage Daily News (4/21/11)

State Information - NV

Legal Filings

Dismissal sua sponte without prejudice filed 3/7/11

Complaint (8/31/10)

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

• “Nevada GOP Statements Regarding Healthcare Reform Decision,” from KOLO TV (1/31/11)
• “Nevada joins health reform lawsuit,” from the Las Vegas Review-Journal (5/14/10)

State Information - UT

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

• “Governor Herbert says Utah should solve Utah’s problems,” from the Examiner (2/11/11)
• “Shurtleff: Utah to join lawsuit against federal health care reform,” from the Deseret news (3/23/10)

State Information - MT

Legal Filings

Decisions

Argument Dates

News

• "Another try at Montana health insurance exchange gets 1st hearing," from the Missoulian (3/22/11)

• "Montana House GOP endorses plan on health care lawsuit," from The Missoulian (3/15/11)

• “Federal Health Care Lawsuit Bill Passes Senate,” from KFBB (1/27/11)

• “Montana Senate Moves to Join Federal Health Care Lawsuit," KBUL (1/12/11)

State Information - WY

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

• “Wyoming Senate shoots down health litigation fund,” from the Star-Tribune (2/22/11)
• “Wyoming officially joins multi-state health care lawsuit,” from the Star-tribune (1/19/11)
• “Gov holds off on joining health care lawsuit,” from the Star-Tribune (3/23/10)

State Information - CO

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

• “Op-ed: Health Care Lawsuit: What Will it Cost Colorado?,” from the Huffington Post (4/13/10)
• “Colorado AG will join lawsuit to stop health-care plan,” from the Denver Post (3/23/10)

State Information - AL

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

State Information - AR

Legal Filings

Memorandum in Support of Motion to Dismiss (8/3/10)

Decisions

Argument Dates

News

 

"Arkansas group files lawsuit challenging health care law," from the Arkansas News (4/27/10)

State Information - CT

Legal Filings

Decisions

Argument Dates

News

State Information - DE

Legal Filings

Decisions

Argument Dates

News

State Information - GA

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

"Governor's Health Care Lawsuit Denied," from WSB Atlanta (3/23/10)

State Information - HI

Legal Filings

Decisions

Argument Dates

News

State Information - IL

Legal Filings

Decisions

Argument Dates

News

State Information - IN

Legal Filings

Memorandum in Support of Defendants’ Motion to Dismiss (3/26/10)

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

State Information - IA

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

State Information - KS

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

State Information - KY

Legal Filings

Decisions

Argument Dates

News

State Information - TN

Legal Filings

Order Dismissing Case (11/4/10)

Reply in Support of Defendants’ Motion to Dismiss (9/24/10)

Defendants’ Memorandum in Support of Defendants’ Motion to Dismiss and in Opposition to Plaintiffs’ Motion for Preliminary Injunction (8/27/10)

Plaintiffs’ Motion and Memorandum of Law in Support of Preliminary Injunction (7/19/10)

Complaint (4/8/10)

Decisions

Argument Dates

News

State Information - MO

Legal Filings

Reply brief of Appellants (9/1/11)

U.S. brief as appellee (8/12/11)

Plaintiff’s motion for expedited and extended argument (8/12/11)

Brief of appellants (6/14/11)

District Court for the Eastern District of Missouri's opinion, dismisses the case (4/26/11)

Complaint (8/18/10)

Amicus briefs:

• American Association of People with Disabilities et al. (8/19/11)
• American Nurses Association et al. (8/19/11)
• Constitutional Law Professors (8/19/11)
• Economic Scholars (8/19/11)
• Law Professors Barry Friedman, Matthew Adler, et al. (8/19/11)
• States of MD, CA, CT, DE, HI, IA, NY, OR and VT and the District of Columbia (8/19/11)
• Commonwealth of Massachusetts (8/19/11)
• SEIU and Change to Win (8/19/11)
• State Executive and Legislative Officials (7/18/11)
• Texas et al. (7/18/11)

Decisions

Argument Dates

News

State Information - ND

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

"Nullification Fails, Again (This Time in North Dakota)," from The Foundry (5/3/11)

State Information - LA

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

State Information - NE

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

"Reaction mixed on health care," from the Omaha Herald (3/1/11)

"Editorial, 2/3: Continue to prepare for health reform," from the Journal Star (2/3/11)

"Nebraska's sweet deal on healthcare reform could lead to lawsuit," from CS Monitor (1/13/10)

State Information - SC

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

"South Carolina House backs move to boost state power," from Reuters (2/16/11)

"GOP's Wilson: S.C. must lead on health care lawsuit," from The Sun News (11/22/10)

State Information - SD

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

"South Dakota joins anti-healthcare law suit," from Black Hills Fox

State Information - TX

Legal Filings

Physician Hospitals of America v. Sebelius

• District Court’s opinion (3/31/11)
• Defendant’s Reply Memorandum in Support of Motion to Dismiss (9/17/10)
• Defendant’s Reply Memorandum in Support of Motion for Summary Judgment (9/17/10)
• Defendant’s Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction (8/17/10)
• Defendant’s Motion to Dismiss and Memorandum in Support Thereof (8/17/10)
• Defendant’s Motion for Summary Judgment and Memorandum in Support Thereof (8/17/10)
• Notice of Forthcoming Memorandum Opinion and Order Cancelling Trial Setting (11/24/10)
• Complaint (6/3/10)

Bellow v. HHS

• Granted without prejudice for lack of subject matter jurisdiction on 6/8/11
• Motion to Dismiss (3/21/11)

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

"Ruling Against Reform Law Sparks Motion to Stop Ban on Physician-Owned Hospitals," from Becker's Hospital Review (2/2/11)

"Suit Filed Over Health Care Reform Limits on Physician-Owned Hospitals," from Texas Lawyer (6/07/10)

"States launch lawsuits against healthcare plan," from Reuters (3/22/10)

State Information - WI

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

State Information - ME

Legal Filings

Plaintiff in State of Florida v. U.S. Department of Health and Human Services

Decisions

Argument Dates

News

State Information - MD

Legal Filings

Anderson v. Obama

• District Court Opinion (7/27/10)

Decisions

Argument Dates

News

State Information - MA

Legal Filings

Decisions

Argument Dates

News

State Information - MN

Legal Filings

Decisions

Argument Dates

News

"Swanson won't sue to stop health care reform," from Minnesota Public Radio (4/5/10)

State Information - NH

Legal Filings

Mackenzie v. Shaheen

• Judgment (5/26/10)
• Memorandum of Law in Support of Motion to Dismiss (5/7/10)

Peterson v. Obama

• Motion Dismissed granted 3/30/11
• Complaint (5/4/10)

Decisions

Argument Dates

News

"NH Senate backs off requiring AG to join lawsuit," from The Boston Globe (2/23/11)

"House Passes Bill Requiring AG To Join Health Care Lawsuit," from WMUR (2/9/11)

State Information - NY

Legal Filings

Decisions

Argument Dates

News

State Information - NM

Legal Filings

Decisions

Argument Dates

News

"New Mexico AG sees waning support for health care reform lawsuit," from The New Mexico Independent (5/03/10)

"NM House GOP asks AG King to sue over health care reform," from The New Mexico Independent (4/14/10)

State Information - NC

Legal Filings

Decisions

Argument Dates

News

"Perdue vetoes the Republican health-care nullification bill," from Indy Week

"Health reform litigation and North Carolina legislation," from Coates' Canons: NC Local Government Law Blog (2/22/11)

State Information - RI

Legal Filings

Decisions

Argument Dates

News

State Information - WV

Legal Filings

Decisions

Argument Dates

News

State Information - VT

Legal Filings

Decisions

Argument Dates

News

"Obama supports speeding up health-care reform in Vermont," from the Burlington Free Press (2/1/11)

Issue Briefs

• "The Health Care Lawsuits: Unraveling A Century of Constitutional Law and The Fabric of Modern American Government," by Simon Lazarus
• "Mandatory Health Insurance - Is It Constitutional?", by Simon Lazarus

Briefings

• ACS hosted a phone briefing with former acting Solicitor General Walter Dellinger, a partner at O’Melveny & Myers and member of ACS’s Board of Advisors, and Indiana University law professor Dawn Johnsen, former acting Assistant Attorney General and member of ACS’s Board of Directors. Click here for audio of the call.
• ACS hosted a phone briefing with Timothy Jost, the Robert L. Willett Family Professor of Law at the Washington and Lee Univeristy School of Law on August 19, 2011. This call is moderated by University of Chicago Law Professor and ACS Chair Geoffrey R. Stone. Audio of the call is available here.
• ACS hosted a phone briefing with Walter Dellinger, former acting US Solicitor General under President Bill Clinton, a partner at O'Melveny &  Myers LLP, and the Douglas B. Maggs Professor Emeritus of Law at Duke University on March 22, 2011. Audio of the call is available here.
• ACS cosponsored a press call on the December decision by a federal district judge in Virginia addressing the constitutionality of the health care law. The call was covered by NPR, The Washington Post, Daily Kos, and The Huffington Post.
• In response to the federal judge's October ruling in Florida that allowed the lawsuit filed by Florida Attorney General Bill McCollum against the health care reform law to proceed, ACS cosponsored a press call, available here. Talk Radio News and Talking Points Memo quote experts from the call, and The Atlantic Wire includes analysis from the call's participants.

Panel Discussions (Video)

• ACS 2011 Convention Panel - National Power to Address the Nation's Problems: The Constitutionality of the Affordable Care Act
• On March 3, ACS hosted an event appraising the landmark federal health care reform law nearly a year after its passage. The event featured a keynote address by Sen. Tom Daschle and a lively panel discussion.
• ACS 2010 Convention Panel - Healthcare After Reform: Opportunities, Implementation, and Challenges

Guest Blogs and Video Podcasts

*ACSblog hosted a symposium to mark the one-year anniversary of the Affordable Care Act. You can view it here.

• Fazal Khan writes why Justice Kennedy will vote to uphold the constitutionality of the Affordable Care Act.
• Reuben Guttman and Oderah Nwaeze of Grant & Eisenhofer shed light on the wasted resources spent in health care due to improper relationships between health care providers and pharmaceutical companies.
• Simon Lazarus, of the National Senior Citizens Law Center, highlights novel support for the individual coverage provision for the law that came out in the under-reported oral argument in the D.C. Circuit by Republican judges.
• The National Senior Citizens Law Center’s Simon Lazarus analyzes the Sixth Circuit's decision upholding the health care reform law, noting that Judge Sutton’s opinion, as the first Republican appointee to uphold the constitutionality of the law, “could be one to which members of the high court’s conservative bloc will give serious attention."
• Adam Winkler, a constitutional law professor at UCLA School of Law, analyzes oral argument in the health care reform case before the Fourth Circuit Court of Appeals.
• Drake Law School Professor Ian Bartrum argues the "individual mandate" is vital to health care reform and is constitutional.
• Sara Rosenbaum, professor of Health Law and Policy and chair of the Department of Health Policy at The George Washington University School of Public Health and Health Service, reflects on the benefits provided by the Affordable Care Act, particularly for the poor and underserved.
• UCLA Law Professor Adam Winkler comments on the one-year anniversary of the Affordable Care Act.
• Simon Lazarus, Public Policy Counsel for the National Senior Citizens Law Center, and Professor Ilya Somin of George Mason University weigh in on the Affordable Care Act here.
• UCLA Law Professor Adam Winkler examines interstate compacts, "Republicans' latest effort to circumvent the Constitution."
• Simon Lazarus addresses the Justice Department's request that Judge Vinson clarify his Florida ruling on the health care reform law.
• Simon Lazarus offers an overview of his new Issue Brief on the pending health care reform challenges.
• American University Washington College of Law Professors Steve Vladeck and Amanda Frost criticize Judge Vinson's severability analysis.
• Kathrine Jack, an attorney in Greenfield, Indiana, remarks on efforts by state legislatures to nullify the health care reform law.
• Adam Winkler, a constitutional law professor at UCLA School of Law, analyzes Judge vinson's opinion striking down the Affordable Care Act.
• Simon Lazarus reponds to the Florida federal district court decision striking down the Affordable Care Act.
• Rochelle Bobroff of the National Senior Citizens Law Center examines Judge Henry Hudson's December decision on the Affordable Care Act.
• Steven D. Schwinn, professor at The John Marshall Law School, discusses the judicial activism underlying Judge Henry E. Hudson's decision, arguing, "Aggressive judicial restriction on authority, not aggressive protection of individual rights, is the kind of judicial activism that poses the real threat to democracy."
• Health care law experts Adam Winkler, Erwin Chemerinsky and Timothy Jost comment on Judge Henry E. Hudson's December ruling on the health care reform law.
• Simon Lazarus and Sergio Munoz of the National Senior Citizens Law Center scrutinize the first judicial decision on the pending constitutional challenges to the health care reform law.
• NSCLC's Simon Lazarus discusses state lawsuits against health care reform in a video podcast interview with ACSblog.
• American University Washington College of Law's Erin Louise Palmer considers how the Kagan nomination relates to the health care reform debate.

ACS Experts in the News

• BNA quotes Walter Dellinger, partner at O'Melveny & Lyers LLP and former acting Solicitor General, in reaction to the decision of the 4th Circuit.
• The Des Moines Register published an op-ed by Drake University Law Professor and ACS Student Chapter Advisor Mark Kende. (8/25/11)
• The Congressional Quarterly quoted Professor Timothy Jost's comments from an ACS briefing on the Eleventh Circuit's recent health care decision. (8/19/11)
• Simon Lazarus is featured in a piece by PBS after the 11th Circuit health care decision struck down the individual mandate. (8/12/11)
• Dawn Johnsen blogs for SCOTUSblog about the constitutionality of the Affordable Care Act. (8/3/11)
• Simon Lazarus writes an opinion piece for Slate on the “individual mandate” contained in Paul Ryan’s budget plan. The Washington Post’s Ezra Klein summarizes and expands on Lazarus’s article. (5/3/11)
• A USA Today article on the constitutionality of the Affordable Care Act quotes participants in a recent ACS panel discussionon the subject. (4/13/11)
• Simon Lazarus and Professor Timothy Jost argue against an expedited Supreme Court decision on the health care reform law in Slate. (2/25/11)
• In The Huffington Post, Simon Lazarus examines the political balance in the courts as the debate over health care progresses. (7/16/10)
• Ohio Attorney General Richard Corday defends his decision not to join a lawsuit challenging the healthcare reform bill in the Cleveland Plain Dealer. (4/4/10)
• The Washington Post's Ezra Klein praises Simon Lazarus's ACS Issue Brief on the constitutionality of health care reform. (3/24/10)

Recent ACSblog Coverage