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BALDWIN v. SEBELIUS

No. 10-56374.

654 F.3d 877 (2011)

Steve BALDWIN and Pacific Justice Institute, Plaintiffs-Appellants, v. Kathleen SEBELIUS, in her official capacity as Secretary of the United States Department of Health and Human Services; United States Department of Health and Human Services; Hilda L. Solis, in her official capacity as Secretary of the United States Department of Labor; United States Department of Labor; Timothy F. Geithner, in his official capacity as Secretary of the United States Department of Treasury; United States Department of the Treasury, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2011.

Attorney(s) appearing for the Case

Peter D. Lepiscopo , Lepiscopo & Morrow, LLP, San Diego, CA, for the plaintiffs-appellants.

Beth S. Brinkmann , Deputy Assistant Attorney General, Washington, D.C., (argued); Alisa B. Klein , Appellate Staff Attorney, Washington, D.C., for the defendants-appellees.

Before: FERDINAND F. FERNANDEZ, PAMELA ANN RYMER, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

RYMER, Circuit Judge:

Steve Baldwin and the Pacific Justice Institute challenge the constitutionality of the so-called "individual mandate" provision in the Patient Protection and Affordable Care Act, Pub.L. No. 111-148, 124 Stat. 119 (2010). That provision takes effect in 2014 and requires those who are non-exempt to maintain qualifying health insurance or pay a penalty. See Act, § 1501, 124 Stat. 119, 242-49. Baldwin objects to this...

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