HALBIG v. BURWELL

No. 14-5018.

758 F.3d 390 (2014)

Jacqueline HALBIG, et al., Appellants v. Sylvia Mathews BURWELL, In her Official Capacity as U.S. Secretary of Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2014.


Attorney(s) appearing for the Case

Michael A. Carvin argued the cause for appellants. With him on the briefs were Yaakov M. Roth and Jonathan Berry.

Rebecca A. Beynon , E. Scott Pruitt , Attorney General, Office of the Attorney General for the State of Oklahoma, Patrick R. Wyrick , Solicitor General, Luther Strange , Attorney General, Office of the Attorney General for the State of Alabama, Sam Olens , Attorney General, Office of the Attorney General for the State of Georgia, Patrick Morrisey , Attorney General, Office of the Attorney General for the State of West Virginia, Jon Bruning , Attorney General, Office of the Attorney General for the State of Nebraska, and Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina were on the brief for amici curiae Consumer's Research, et al.

C. Boyden Gray , Adam J. White , and Adam R.F. Gustafson were on the brief for amicus curiae The Galen Institute in support of appellants.

Charles J. Cooper , David H. Thompson , Howard C. Nielson , and Michael E. Roman were on the brief for amici curiae Senator John Cornyn, et al. in support of appellants.

John R. Woodrum was on the brief for amicus curiae National Federation of Independent Business Legal Center in support of appellants.

Bert W. Rein , William S. Consovoy , John M. Connolly , and Ilya Shapiro were on the brief for amici curiae Pacific Research Institute, et al. in support of appellants.

Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Jeffrey A. Chanay , Deputy Attorney General, Stephen R. McAllister , Solicitor General, Bryan C. Clark , Assistant Solicitor General, Bill Schuette , Attorney General, Office of the Attorney General for the State of Michigan, and Jon Bruning , Attorney General, Office of the Attorney General for the State of Nebraska, were on the brief for amici curiae States of Kansas, et al. in support of appellants.

Andrew M. Grossman was on the brief for amici curiae Jonathan Adler, et al. in support of appellants.

Stuart F. Delery , Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ronald C. Machen, Jr. , U.S. Attorney, Beth S. Brinkmann , Deputy Assistant Attorney General, and Mark B. Stern and Alisa B. Klein , Attorneys.

Martha Jane Perkins , Kelly Bagby , Iris Y. Gonzalez , and Michael Schuster were on the brief for amici curiae AARP and National Health Law Program in support of appellees.

Mary P. Rouvelas was on the brief for amici curiae The American Cancer Society, et al. in support of appellees.

H. Guy Collier and Ankur J. Goel were on the brief for amici curiae Public Health Deans, Chairs, and Faculty in support of appellees.

Elizabeth B. Wydra and Simon Lazarus were on the brief for amici curiae Members of Congress and State Legislatures in support of appellees.

Dominic F. Perella , Sean Marotta , and Melinda Reid Hatton were on the brief for amicus curiae The American Hospital Association in support of appellees.

Andrew J. Pincus and Brian D. Netter were on the brief for amicus curiae America's Health Insurance Plans in support of appellees.

Matthew S. Hellman and Matthew E. Price were on the brief for amici curiae Economic Scholars in support of appellees.

Robert Weiner and Murad Hussain were on the brief for amicus curiae Families USA in support of appellees.

Dissenting opinion filed by Senior Circuit Judge EDWARDS.


GRIFFITH, Circuit Judge:

Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (ACA or the Act), makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces — known as "American Health Benefit Exchanges," or "Exchanges" for short — that are "established by the State under section 1311" of the Act. 26 U.S.C. § 36B(c)(2)(A)(i). On its face...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases