SISSEL v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 13-5202.

760 F.3d 1 (2014)

Matt SISSEL, Appellant v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 2014.


Attorney(s) appearing for the Case

Timothy M. Sandefur argued the cause for appellant. With him on the briefs were Paul J. Beard II and Daniel A. Himebaugh . Theodore Hadzi-Antich entered an appearance.

John C. Eastman and Anthony T. Caso were on the brief for amicus curiae Center for Constitutional Jurisprudence in support of appellant.

Lawrence J. Joseph was on the brief for amicus curiae Association of American Physicians and Surgeons in support of appellant.

Joseph E. Schmitz and Paul D. Kamenar were on the brief for amici curiae U.S. Representatives Trent Franks, et al. in support of appellant.

Alisa B. Klein , 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, Beth S. Brinkmann , Deputy Assistant Attorney General, and Mark B. Stern , Attorney.

Opinion for the Court filed by Circuit Judge ROGERS.


ROGERS, Circuit Judge:

Section 5000A of the Patient Protection and Affordable Care Act, 26 U.S.C. § 5000A, mandates that as of January 2014, non-exempt individuals maintain minimum health care coverage or, with limited exceptions, pay a penalty. Matt Sissel, who is an artist and small-business owner who serves from time to time on active duty with the National Guard, appeals the dismissal of his complaint alleging that...

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