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SOUTH CAROLINA MEDICAL ASS'N v. THOMPSON

No. 02-2001.

327 F.3d 346 (2003)

SOUTH CAROLINA MEDICAL ASSOCIATION; Physicians Care Network; J. Capers Hiott, M.D.; John R. Ross, M.D.; Gordon E. Pennebaker, M.D.; Carol S. Nichols, M.D.; Dannette F. McAlhaney, M.D.; Herbert Moskow, M.D.; Louisiana State Medical Society, Plaintiffs-Appellants, v. Tommy G. THOMPSON, sued as Secretary of the U.S. Department of Health and Human Services; U.S. Department Of Health & Human Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2003.

Attorney(s) appearing for the Case

ARGUED: Terry Edward Richardson, Jr., Richardson, Patrick, Westbrook & Brickman, L.L.C., Barnwell, South Carolina, for Appellants. Alex Michael Azar, II, U.S. Department Of Health & Human Services, Washington, D.C., for Appellees. ON BRIEF: Daniel S. Haltiwanger, Richardson, Patrick, Westbrook & Brickman, L.L.C., Barnwell, South Carolina, for Appellants. Robert D. McCallum, Jr., Assistant Attorney General, J. Strom Thurmond, Jr., United States Attorney, Mark B. Stern, Charles W. Scarborough, Sambhav N. Sankar, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before WILKINS, Chief Judge, and TRAXLER and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINS and Judge GREGORY joined.

OPINION

TRAXLER, Circuit Judge:

Appellants, South Carolina Medical Association, Physicians Care Network, and several individual doctors, filed suit seeking to have declared unconstitutional several provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub...

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