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W.VA. EX REL MORRISEY v. DEPT. OF HEALTH & HUMAN

No. 15-5309.

827 F.3d 81 (2016)

State of WEST VIRGINIA, EX REL. Patrick MORRISEY, Appellant v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2016.

Attorney(s) appearing for the Case

Elbert Lin , Solicitor General, Office of the Attorney General for the State of West Virginia, argued the cause for appellant. With him on the briefs were Patrick J. Morrisey , Attorney General, and Julie Marie Blake , Assistant Attorney General.

Lindsey Powell , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Alisa B. Klein and Mark B. Stern , Attorneys.

Before: Kavanaugh and Wilkins, Circuit Judges, and Silberman, Senior Circuit Judge.

This is rather an unusual case. West Virginia has sued to challenge the President's determination not to enforce certain controversial provisions of the Affordable Care Act for a transitional period. That decision, implemented by a letter from the Secretary of the Department of Health and Human Services, left...

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