COONS v. GEITHNER
Nick Coons, et al., Plaintiffs,
Timothy Geithner, et al., Defendants.
United States District Court, D. Arizona.
December 19, 2012.
G. MURRAY SNOW, District Judge.
Pending before the Court are portions of Defendants' Motion to Dismiss (Doc. 42), Motion for Summary Judgment (Doc. 65)1, and Plaintiffs' Motion to Treat Defendants' Motion to Dismiss as a Motion for Summary Judgment in Part (Doc. 48). For the reasons stated below, Plaintiffs' remaining Counts IV, V, and VIII are dismissed.BACKGROUND
Plaintiffs challenge the constitutionality of the Patient Protection and Affordable Care Act of 2010 ("PPACA"), Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) ("HCERA"). Plaintiffs are Nick Coons and two members of the United States House of Representatives, Jeff Flake and Trent Franks. (Doc. 35).
On August 31, 2012, this Court dismissed Counts I, II, III, VI, and VII in light of the Supreme Court's opinion in Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S.Ct. 2566 (2012), and ordered supplemental briefing on whether the PPACA (IV) violates the Fifth and Ninth Amendments by restricting Plaintiff Coons' medical autonomy, (Doc. 35 ¶¶78-85), (V) violates the Fourth, Fifth and Ninth Amendments by violating Plaintiffs' privacy, (id. ¶¶ 86-91), and (VIII) pre-empts Arizona state health care legislation, (id. ¶¶ 127-134).DISCUSSION