No. 19-841

United States House of Representatives v. Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2020-01-03
Status: Denied
Type: Paid
Response WaivedRelisted (3) Experienced Counsel
Tags: affordable-care-act article-iii article-iii-standing congress-power congressional-authority constitutional-challenge severability standing tax-provision taxation
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2021-06-24 (distributed 3 times)
Question Presented (AI Summary)

Whether the individual and state plaintiffs (respondents here) possess Article III standing to challenge the constitutionality of Section 5000A

Question Presented (OCR Extract)

QUESTIONS PRESENTED In National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), this Court upheld 26 U.S.C. 5000A, a provision of the Affordable Care Act, as a valid exercise of Congress’s taxing power because the provision offered individuals a lawful choice between purchasing insurance and paying a tax, known as a “shared responsibility payment.” In December 2017, Congress eliminated the Act’s monetary incentive to purchase insurance by reducing the shared responsibility payment to zero, such that Section 5000A now offers individuals a choice between purchasing insurance and paying a tax of $0. In this case, the court of appeals held that Section 5000A, as amended, exceeds Congress’s constitutional authority and that the Act’s thousands of other provisions may be invalid as a result. The questions presented are: 1. Whether the individual and state plaintiffs (respondents here) possess Article III standing to challenge the constitutionality of Section 5000A. 2. Whether Section 5000A, as amended, exceeds Congress’s constitutional authority. 3. Whether, if Section 5000A is invalid, the provision is severable from the remainder of the Act.

Docket Entries

2021-06-28
Petition DENIED.
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-02-19
Letter of February 19, 2020 from counsel for respondent State of California filed.
2020-02-18
Letter of February 18, 2020 from counsel for petitioner filed. (Distributed)
2020-02-12
Reply of petitioner United States House of Representatives filed. (Distributed)
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2020-02-03
Waiver of right of respondent State of California 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 petitioner United States House of Representatives filed.
2020-01-21
Motion to extend the time to file a response from February 3, 2020 to March 17, 2020, submitted to The Clerk.
2020-01-21
Motion to expedite consideration filed by petitioner DENIED.
2020-01-13
Reply in support of motion filed.
2020-01-10
Response to motion from respondent Neill Hurley and John Nantz submitted.
2020-01-10
Response to motion from State respondents filed.
2020-01-10
Response to motion from Federal respondents filed.
2020-01-09
Blanket Consent filed by Petitioner, United States House of Representatives.
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 petitioner.

Attorneys

AARP, et al.
Maame GyamfiAARP Foundation Litigation, Amicus
Maame GyamfiAARP Foundation Litigation, Amicus
America's Health Insurance Plans
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Amicus
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Amicus
American Cancer Society et al.
John Louis LongstrethK&L Gates LLP, Amicus
John Louis LongstrethK&L Gates LLP, Amicus
Association of American Physicians and Surgeons
Andrew L. Schlafly — Amicus
Andrew L. Schlafly — Amicus
Bipartisan Economic Scholars
Matthew S. HellmanJenner & Block LLP, Amicus
Matthew S. HellmanJenner & Block LLP, Amicus
Jeremy C. Doerre
Jeremy Cooper DoerreTillman Wright, PLLC, Amicus
Jeremy Cooper DoerreTillman Wright, PLLC, Amicus
National Hospital Associations
Sean MarottaHogan Lovells US LLP, Amicus
Sean MarottaHogan Lovells US LLP, Amicus
Neill Hurley and John Nantz
Robert Earl HennekeTexas Public Policy Foundation, Respondent
Robert Earl HennekeTexas Public Policy Foundation, Respondent
Small Business Majority Foundation
Hyland HuntDeutsch Hunt PLLC, Amicus
Hyland HuntDeutsch Hunt PLLC, Amicus
State of California
Samuel Passchier SiegelCalifornia Department of Justice, Respondent
Samuel Passchier SiegelCalifornia Department of Justice, Respondent
State of Texas, et al.
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
United States House of Representatives
Douglas Neal Letter — Petitioner
Douglas Neal Letter — Petitioner
United States, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent