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U.S. CITIZENS ASS'N v. SEBELIUS

Nos. 11-3327, 11-3798.

705 F.3d 588 (2013)

U.S. CITIZENS ASSOCIATION; James Grapek; Maurice A. Thompson, Plaintiffs-Appellants, Eileen Dannemann, Plaintiff, v. Kathleen SEBELIUS, in her official capacity as the Secretary of the U.S. Department of Health and Human Services; Timothy F. Geithner, in his official capacity as the Secretary of the U.S. Department of the Treasury; Eric H. Holder, Jr., in his official capacity as the Attorney General of the United States; United States of America, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

February 1, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Jonathan W. Emord , Emord & Associates, P.C., Clifton, Virginia, William G. Williams , Krugliak, Wilkins, Griffiths & Dougherty Co., LPA, Canton, Ohio, for Appellants. Mark B. Stern , Alisa B. Klein , Dana Kaersvang , United States Department of Justice, Washington, D.C., for Appellees.

Before: SUHRHEINRICH, STRANCH, and DONALD, Circuit Judges.

OPINION

JANE B. STRANCH, Circuit Judge.

In this opinion we return to constitutional challenges to the individual mandate provision of the Patient Protection and Affordable Care Act.1 U.S. Citizens Association and two of its members, Maurice A. Thompson, and James Grapek ("plaintiffs"),2 challenge the constitutionality of the individual mandate, which requires each individual to purchase a health insurance...

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