UNIVERSITY OF TEXAS CANCER CENTER v. SEBELIUS

No. 10-5201.

650 F.3d 685 (2011)

UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER, Appellant v. Kathleen SEBELIUS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2011.


Attorney(s) appearing for the Case

Christopher L. Keough argued the cause for appellant. With him on the briefs were Daniel J. Hettich , Paul D. Clement , Ashley C. Parrish , and Erin E. Murphy.

Jorge Lopez, Jr. and Patricia A. Millett were on the brief for amicus curiae Memorial Sloan-Kettering Cancer Center in support of appellant.

Mark D. Polston , Deputy Associate General Counsel for Litigation, U.S. Department of Health & Human Services, argued the cause for appellee. With him on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence and Mitchell P. Zeff , Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge KAVANAUGH.


KAVANAUGH, Circuit Judge:

In 1965, Congress passed and President Johnson signed the Act creating Medicare. Medicare was primarily designed to ensure adequate health care for Americans who are 65 or older.

Paying for Medicare has posed a massive challenge for the U.S. Government, as the costs of Medicare have grown significantly over time. For several decades now, Congress has intermittently attempted to rein in Medicare costs.

This case involves cost...

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