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COONS v. LEW

No. 13-15324.

762 F.3d 891 (2014)

Nick COONS; and Eric N. Novack, M.D., Plaintiffs-Appellants, v. Jacob L. LEW, in his official capacity as Secretary of the United States Department of the Treasury; Kathleen Sebelius, in her official capacity as Secretary of the United States Department of Health and Human Services; Eric H. Holder, Jr., Attorney General, in his official capacity as Attorney General of the United States; and Barack Hussein Obama, in his official capacity as President of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2014.

Amended September 2, 2014.

Attorney(s) appearing for the Case

Christina Sandefur (argued), Clint Bolick , Kurt Altman , and Nicholas C. Dranias , Goldwater Institute, Phoenix, AZ, for Plaintiffs-Appellants.

Jeffrey E. Sandberg (argued), Dana Kaersvang , and Alisa B. Klein , Attorneys, John S. Leonardo , United States Attorney, and Stuart F. Delery , Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Timothy Sandefur , Pacific Legal Foundation, Sacramento, CA, for Amici Curiae.

Before: MARY M. SCHROEDER, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Plaintiffs Nick Coons and Eric N. Novack brought a facial constitutional challenge to two provisions of the Patient Protection and Affordable Care Act, Pub.L. No. 111-148, 124 Stat. 119 (2010), as amended by Health Care and Education Reconciliation Act of 2010, Pub.L. No. 111-152, 124 Stat. 1029 ("Affordable Care Act"): the individual mandate, which requires that individuals...

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