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OHIO v. U.S.

No. 16-3093.

849 F.3d 313 (2017)

The State of OHIO et al., Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 17, 2017.

Attorney(s) appearing for the Case

ARGUED: Frederick D. Nelson , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellants. Alisa B. Klein , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Frederick D. Nelson , Eric E. Murphy , Peter T. Reed , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, David P. Fornshell , WARREN COUNTY PROSECUTOR, Lebanon, Ohio, Stuart Kyle Duncan , SCHAERR %CO DUNCAN LLP, Washington, D.C., for Appellants. Alisa B. Klein , Mark B. Stern , Samantha L. Chaifetz , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Jeffrey A. Chanay , OFFICE OF THE KANSAS ATTORNEY GENERAL, Topeka, Kansas, for Amicus Curiae.

Before: COLE, Chief Judge; DAUGHTREY and MOORE, Circuit Judges.

OPINION

This case involves a novel challenge to the Patient Protection and Affordable Care Act ("Affordable Care Act" or "ACA"), and presents us with the question of whether one of the ACA's tax provisions applies to state government employers with the same force that it applies to private employers....

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