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ASSOCIATION OF AMERICAN PHYSICIANS v. SEBELIUS

No. 13-5003.

746 F.3d 468 (2014)

ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS and Alliance for Natural Health USA, Appellants v. Kathleen SEBELIUS, Secretary of Health & Human Services, In Her Official Capacity, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2014.

Attorney(s) appearing for the Case

Lawrence J. Joseph argued the cause and filed the briefs for appellants.

Dana L. Kaersvang , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Mark B. Stern , Attorney. Alisa B. Klein , Attorney, U.S. Department of Justice, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Plaintiff-appellants Association of American Physicians & Surgeons, Inc. and Alliance for Natural Health USA sued the Secretary of Health and Human Services and the Commissioner of the Social Security Administration1 in district court, raising a wide variety of claims: (1) constitutional challenges to the Patient Protection and Affordable Care Act ("ACA"), (2) statutory (including Administrative Procedure...

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