ALLEY v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 08-16914.

590 F.3d 1195 (2009)

Jennifer D. ALLEY, Real Time Medical Data, LLC, Plaintiffs-Appellees, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellant, American Medical Association, Intervenor-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 18, 2009.


Attorney(s) appearing for the Case

Steven I. Frank, U.S. DOJ, Civ. Div., Washington, DC, for U.S. Dept. of Health & Human Services.

Jack R. Bierig, Tacy Fletcher Flint, Sidley Austin Brown & Wood, LLP, Chicago, IL, Joseph Reese, Jr., Starnes & Atchison, LLP, Birmingham, AL, Leonard Schaitman, U.S. DOJ, Civ. Div., Washington, DC, for American Medical Ass'n.

Julie Wilson Pittman, Burr & Forman, LLP, Birmingham, AL, for Jennifer D. Alley.

Victor L. Hayslip, Burr & Forman, LLP, Birmingham, AL, for Real Time Medical Data, LLC.

Robert M. Portman, Powers Pyles Sutter and Verville, PC, Washington, DC, for Amici Curiae.

Before CARNES, FAY and ALARCÓN, Circuit Judges.


CARNES, Circuit Judge:

Even if history does not repeat itself, events do sometimes rhyme.1 The present national debate over health care rhymes a lot with one that took place three decades ago.2 And the sound of some of the arguments in this lawsuit echoes those heard in similar litigation that arose during the 1970s debate. That earlier litigation concerned a federal...

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