THOMAS MORE LAW CENTER v. OBAMA

No. 10-2388.

651 F.3d 529 (2011)

THOMAS MORE LAW CENTER; Jann DeMars; John Ceci; Steven Hyder; Salina Hyder, Plaintiffs-Appellants, v. Barack Hussein OBAMA, in his official capacity as President of the United States; Kathleen Sebelius, in her official capacity as Secretary, United States Department of Health and Human Services; Eric H. Holder, Jr., in his official capacity as Attorney General of the United States; Timothy F. Geithner, in his official capacity as Secretary, United States Department of Treasury, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2011.


Attorney(s) appearing for the Case

ARGUED: Robert J. Muise, Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Neal Kumar Katyal, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Robert J. Muise, Thomas More Law Center, Ann Arbor, Michigan, David Yerushalmi, Law Offices of David Yerushalmi, P.C., Chandler, Arizona, for Appellants. Neal Kumar Katyal,   Mark B. Stern,   Alisa B. Klein,   Anisha Dasgupta, United States Department of Justice, Washington, D.C., for Appellees. Edward L. White, American Center for Law and Justice, Ann Arbor, Michigan, Steven J. Lechner,   Joel M. Spector, Mountain States Legal Foundation, Lakewood, Colorado, Ilya Shapiro,   Robert A. Levy,   David H. Rittgers, Cato Institute, Washington, D.C., Cory L. Andrews, Washington Legal Foundation, Washington, D.C., Steven J. Willis, University of Florida College of Law, Gainesville, Florida, Catherine E. Stetson, Hogan Lovells US LLP, Washington, D.C., Kristin M. Houser, Schroeter, Goldmark & Bender, Seattle, Washington, Keith S. Dubanevich, Oregon Department of Justice, Salem, Oregon, Walter E. Dellinger, Washington, D.C., Ian R. Millhiser, Center for American Progress, Washington, D.C., John L. Longstreth,   Molly K. Suda, K & L Gates LLP, Washington, D.C., Rochelle Bobroff, National Senior Citizens Law Center, Washington, D.C., Richard L. Rosen, Arnold & Porter LLP, Washington, D.C., Charles A. Rothfeld,   Mayer Brown, Washington, D.C., for Amici Curiae.

MARTIN, J., delivered the opinion of the court, in which SUTTON, J., and GRAHAM, D.J., concurred as to Parts I (background) and II (subject matter jurisdiction) and in which SUTTON, J., concurred in the judgment. SUTTON, J. (pp. 549-66), delivered the opinion of the court as to Part I (taxing power) of his opinion, in which GRAHAM, D.J., joins. GRAHAM, D.J. (pp. 566-73), delivered a separate opinion concurring in part and dissenting in part.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This is an appeal from the district court's determination that the minimum coverage provision of the Patient Protection and Affordable Care Act1 is constitutionally sound. Among the Act's many changes to the national markets in health care delivery and health insurance, the minimum coverage provision requires all applicable individuals to maintain minimum essential health insurance...

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