CENT. UNITED LIFE INS. CO. v. BURWELL

No. 15-5310.

827 F.3d 70 (2016)

CENTRAL UNITED LIFE INSURANCE CO., et al., Appellees v. Sylvia Mathews BURWELL, in her official capacity as Secretary of U.S. Department of Health and Human Services, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2016.


Attorney(s) appearing for the Case

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Mark B. Stern , and Alisa B. Klein , Attorneys, William B. Schultz , General Counsel, U.S. Department of Health and Human Services, Janice L. Hoffman , Associate General Counsel, and Susan Maxson Lyons , Deputy Associate General Counsel for Litigation.

Quin M. Sorenson argued the cause for appellees. With him on the brief were James C. Stansel and Tobias S. Loss-Eaton.

Brad D. Schimel , Attorney General, Office of the Attorney General for the State of Wisconsin, Misha Tseytlin , Solicitor General for the State of Wisconsin, Daniel P. Lennington , Deputy Solicitor General for the State of Wisconsin, E. Scott Pruitt , Attorney General, Office of the Attorney General for the State of Oklahoma, Alan Wilson , Attorney General, Office of the Attorney for the State of South Carolina, Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, Sean Reyes , Attorney General, Office of the Attorney General for the State of Utah, Patrick J. Morrisey , Attorney General, Office of the Attorney General for the State of West Virginia, Leslie Rutledge , Attorney General, Office of the Attorney General for the State of Arkansas, Samuel S. Olens , Attorney General, Office of the Attorney General for the State of Georgia, Jeff Landry , Attorney General, Office of the Attorney General for the State of Louisiana, Bill Schuette , Attorney General, Office of the Attorney General for the State of Michigan, and Douglas J. Peterson , Attorney General, Office of the Attorney General for the State of Nebraska, were on the brief for amici curiae the States of Wisconsin, et al. in support of plaintiffs-appellees.

Before: BROWN and MILLETT, Circuit Judges, and GINSBURG, Senior Circuit Judge.


At issue in this appeal is whether the Department of Health and Human Services ("HHS") colored outside the lines of its authority. The district court held that it did, and we agree.

The Public Health Service Act, 42 U.S.C. § 201 ("PHSA"), establishes coverage requirements for all health insurance plans except those...

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