HOTZE v. BURWELL

No. 14-20039.

784 F.3d 984 (2015)

Steven F. HOTZE, M.D.; Braidwood Management, Incorporated, Plaintiffs-Appellants v. Sylvia Mathews BURWELL, Secretary, Department of Health and Human Services; Jacob J. Lew, Secretary, Department of Treasury, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 24, 2015.


Attorney(s) appearing for the Case

Andrew Layton Schlaily, Far Hills, NJ, for Plaintiffs-Appellants.

Alisa Beth Klein, Esq.,   Carol Federighi, Senior Litigation Counsel, Mark Bernard Stem, Esq., Washington, DC, for Defendants-Appellees.

John Allen Eidsmoe, Senior Counsel, Montgomery, AL, for Amicus Curiae Foundation for Moral Law.

Karen Bryant Tripp, Esq., Houston, TX, David P. Felsher, New York, N.Y., for Amici Curiae Citizens' Council for Health Freedom, Janis Chester, M.D., Mark Hauser, M.D. and Graham Spruiell, M.D.

Lawrence John Joseph, Washington, DC, for Amicus Curiae Association of American Physicians & Surgeons, Incorporated.

Gregory G. Katsas, Washington, DC, David Michael Morrell, Houston, TX, for Amici Curiae House Majority Leader Eric Cantor, House Majority Whip Kevin McCarthy and Judicial Education Project.

Andrew S. Oldham, Deputy General Counsel, Alex Potapov, Office of the Attorney General, Office of the Solicitor General, for Amici Curiae State of Texas, State of Alabama, State of Alaska, State of Arizona, State of Colorado, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Michigan, State of Montana, State of Nebraska, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Utah and State of West Virginia.

Joseph Edward Schmitz, Schmitz & Socarras, L.L.P., Lean, VA, Paul D. Kamenar, Washington, DC, Jacki Pick, Irving, TX, for Amici Curiae U.S. Representative Trent Franks and U.S. Representative Michelle Bachmann, U.S. Representative Kerry L. Bentivolio, Marsha Blackburn, et al.

Joseph Edward Schmitz, Schmitz & Socarras, L.L.P., Lean, VA, Paul D. Kamenar, Washington, DC, Jacki Pick, Irving, TX, Lawrence John Joseph, Washington, DC, for Amicus Curiae U.S. Representative Joe Barton.

Lawrence John Joseph, Washington, DC, for Amici Curiae Senator John Cornyn, Senator Ted Cruz, Congressman Pete Sessions, U.S. Representative Robert Aderholt and et al.

Elizabeth Bonnie Wydra, Chief Counsel, Washington, DC, for Amici Curiae Congressman Sandy Levin, Ranking Member, House Ways & Means Committee and Senator Ron Wyden, Chair, Senate Finance Committee.

Before KING, JOLLY, and COSTA, Circuit Judges.


This appeal presents an Origination Clause1 challenge to two provisions of the Patient Protection and Affordable Care Act (ACA) — the "individual mandate," which imposes a penalty on non-exempt individuals who lack qualifying health insurance; and the "employer mandate," which imposes...

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