Question Presented (AI Summary)
Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum coverage provision in Section 5000A(a)
Question Presented (OCR Extract)
QUESTIONS PRESENTED As part of the Patient Protection and Affordable Care Act (ACA), Congress adopted 26 U.S.C. § 5000A. Section 5000A provided that “applicable individual|[s] shall” ensure that they are “covered under minimum essential coverage,” 26 U.S.C. § 5000A(a); required any “taxpayer” who did not obtain such coverage to make a “[s]hared responsibility payment,” id. § 5000A(b); and set the amount of that payment, id. § 5000A(c). In National Federation of Independent Business v. Sebelius, 567 U.S. 519, 574 (2012), this Court held that Congress lacked the power to impose a stand-alone command to purchase health insurance but upheld Section 5000A as a whole as an exercise of Congress’s taxing power, concluding that it affords individuals a “lawful choice” between buying health insurance or paying a tax in the amount specified in Section 5000A(c). In 2017, Congress set that amount at zero but retained the remaining provisions of the ACA. The questions presented are: 1. Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum coverage provision in Section 5000A(a). 2. Whether reducing the amount specified in Section 5000A(c) to zero rendered the minimum coverage provision unconstitutional. 3. If so, whether the minimum coverage provision is severable from the rest of the ACA.
Docket Entries
2021-07-19
JUDGMENT ISSUED.
2020-08-31
Record requested from the U.S.C.A. 5th Circuit.
2020-08-31
The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
2020-07-02
Brief amicus curiae of The Cato Institute filed (in 19-840).
2020-05-13
Brief amicus curiae of Washington and Lee University School of Law Black Lung Clinic filed (in 19-840).
2020-05-13
Brief amici curiae of Professors Michael C. Dorf and Martin S. Lederman filed.
2020-05-13
Brief amici curiae of Bipartisan Economic Scholars filed.
2020-05-13
Brief amici curiae of American Cancer Society et al. filed.
2020-05-13
Brief amici curiae of 44 Counties, Cities, and Towns and California State Association of Counties filed. (in 19-840)
2020-05-13
Brief amici curiae of American Medical Association, et al. filed. (in 19-840)
2020-05-13
Brief amici curiae of States of Maryland, et al. filed (in 19-840).
2020-05-13
Brief amicus curiae of The Catholic Health Association of the United States filed.
2020-05-13
Brief amici curiae of 36 State Hospital Associations filed (in 19-840).
2020-05-13
Brief amicus curiae of American Thoracic Society filed.(in 19-840)
2020-05-06
Brief of respondent U.S. House of Representatives in support of California, et al. filed (in 19-840).
2020-05-06
Brief of petitioners California, et al. filed.(in 19-840)
2020-04-30
Brief amicus curiae of David Boyle filed. (in 19-840)
2020-03-02
Motion for leave to file amici brief filed by 33 State Hospital Associations GRANTED.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-02-19
Letter of February 19, 2020 from counsel for petitioner filed. (Distributed)
2020-02-18
Letter of February 18, 2020 from counsel for respondent U.S. House of Representatives in support of California, et al. filed. (Distributed)
2020-02-12
Reply of petitioners California, et al. filed. (Distributed)
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2020-01-31
Waiver of right of respondent U.S. House of Representatives to respond filed.
2020-01-31
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
2020-01-24
Motion to extend the time to file a response to the petition for a writ of certiorari is denied.
2020-01-22
Response to motion from respondent U.S. House of Representatives filed.
2020-01-22
Response to motion from petitioners California, et al. filed.
2020-01-21
Motion to expedite consideration filed by petitioner DENIED.
2020-01-21
Motion to extend the time to file a response from February 3, 2020 to March 17, 2020, submitted to The Clerk.
2020-01-15
Motion for leave to file amici brief filed by 33 State Hospital Associations.
2020-01-13
Reply in support of motion filed.
2020-01-10
Blanket Consent filed by Respondent, U.S. House of Representatives.
2020-01-10
Response to motion from Federal respondents filed.
2020-01-10
Response to motion from State respondents filed.
2020-01-10
Response to motion from respondent Neill Hurley and John Nantz submitted.
2020-01-06
Response to motion requested. (Due January 10, 2020, by 4 p.m.)
2020-01-03
Petition for a writ of certiorari filed. (Response due February 3, 2020)
2020-01-03
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.
Attorneys
33 State Hospital Associations
44 Counties, Cities, and Towns and California State Association of Counties
47 Members of the United States Senate
Alliance of Community Health Plans and Association for Community Affiliated Plans
America's Health Insurance Plans
American Association of People with Disabilities, et. al.
American Cancer Society et al.
American Center for Law and Justice
American Medical Association, et al.
American Thoracic Society
Association for Accessible Medicines
Association of American Physicians and Surgeons
Bipartisan Economic Scholars
Blue Cross Blue Shield Association
Center for Constitutional Jurisprudence
First Focus on Children and The Children's Partnership
Health Care Policy Scholars
Lambda Legal Defense and Education Fund, Inc. et al.
Landmark Legal Foundation
National Health Law Program, et al.
National Hospital Associations
National Women's Law Center, National Partnership for Women & Families, Black Women's Health Imperative, American Medical Women's Association, and 77 Additional Organizations
Neill Hurley and John Nantz
Patient-Centered Outcomes Research Institute
Professors Jonathan H. Adler, Nicholas Bagley, Abbe R. Gluck, and Ilya Somin
Professors Michael C. Dorf and Martin S. Lederman
Public Health Experts, The American Public Health Association, and The American Academy Of Nursing
Samuel L. Bray, Michael W. McConnell, and Kevin C. Walsh
Service Employees International Union, et al.
Small Business Majority Foundation
States of Maryland, Maine, New Hampshire, New Mexico, Pennsylvania and Wisconsin
States of Ohio and Montana
The Catholic Health Association of the United States
The National Association of Community Health Centers
Tribes and Tribal Organizations
U.S. House of Representatives in support of petitioners
Walter Dellinger, Douglas Laycock, Christopher Schroeder
Washington and Lee University School of Law Black Lung Clinic