Lawrence J. Joseph was on the brief for amici curiae American Physicians & Surgeons, Inc., et al. in support of appellants.
Paul D. Clement , Erin E. Murphy , Louis F. Hubener , Deputy Solicitor General, Office of the Attorney General for the State of Florida, Bill Cobb , Deputy Attorney General for Civil Litigation, Office of the Attorney General for the State of Texas, Luther Strange , Attorney General, Office of the Attorney General for the State of Alabama, Gregory F. Zoeller , Attorney General, Office of the Attorney General for the State of Indiana, Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, William J. Schneider , Attorney General, Office of the Attorney General for the State of Maine, Bill Schuette , Attorney General, Office of the Attorney General for the State of Michigan, Jon Bruning , Attorney General, Office of the Attorney General for the State of Nebraska, Wayne Stenehjem , Attorney General, Office of the Attorney General for the State of North Dakota, Marty J. Jackley , Attorney General, Office of the Attorney General for the State of South Dakota, Michael DeWine , Attorney General, Office of the Attorney General for the State of Ohio, Thomas W. Corbett, Jr. , Acting Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Robert M. McKenna , Attorney General, Office of the Attorney General for the State of Washington, and J.B. Van Hollen , Attorney General, Office of the Attorney General for the State of Wisconsin. Katherine J. Spohn , Special Counsel to the Attorney General, Office of the Attorney General for the State of Nebraska, entered an appearance.
Jefrey A. Lamken and Robert K. Kry were on the brief for amici curiae Law Professors Barry Friedman, et al. in support of appellees.
Martha Coakley , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, and Carol Iancu , Assistant Attorney General, were on the brief for amicus curiae Commonwealth of Massachusetts in support of appellees.
Douglas F. Gansler , Attorney General, Office of the Attorney for the State of Maryland, John B. Howard Jr. , Deputy Attorney General, Joshua N. Auerbach , Assistant Attorney General, Kamala D. Harris , Attorney General, Office of the Attorney General for the State of California, Travis LeBlanc , Special Assistant Attorney General, George C. Jepsen , Attorney General, Office of the Attorney General for the State of Connecticut, Joseph R. Biden, III , Attorney General, Office of the Attorney General for the State of Delaware, Irvin B. Nathan , Attorney General, Office of the Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, David M. Louie , Attorney General, Office of the Attorney General for the State of Hawaii, Tom Miller , Attorney General, Office of the Attorney General for the State of Iowa, Eric T. Schneiderman , Attorney General, Office of the Attorney General for the State of New York, John R. Kroger , Attorney General, Office of the Attorney General for the State of Oregon, and William H. Sorrell , Attorney General, Office of the Attorney General for the State of Vermont, were on the brief for amici curiae State of Maryland, et al. in support of appellees.
Alan B. Morrison was on the brief for amici curiae Mortimer Caplin & Sheldon Cohen in support of appellees.
Opinion dissenting as to jurisdiction and not deciding the merits filed by Circuit Judge KAVANAUGH.
United States Court of Appeals, District of Columbia Circuit.
SILBERMAN, Senior Circuit Judge:
The district court rejected appellants' challenge to the Patient Protection and Affordable Care Act. They appeal. Despite questions raised as to our subject matter jurisdiction, we conclude we have jurisdiction, and we affirm the district court's conclusion that the Act is constitutional.
I.
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