AMERICAN HOSPITAL ASSOCIATION, et al., Appellees
v.
Thomas E. PRICE, in His Official Capacity as Secretary of Health and Human Services, Appellant.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 15, 2017.
Decided August 11, 2017.
Attorney(s) appearing for the Case
Joshua M. Salzman , Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Mark B. Stern , Attorney, Janice L. Hoffman , Associate General Counsel, U.S. Department of Health & Human Services, and Susan Maxson Lyons , Deputy Associate General Counsel.
Ronald S. Connelly was on the brief for amicus curiae Fund for Access to Inpatient Rehabilitation in support of appellees.
Before: Garland, Chief Judge, and Henderson and Wilkins, Circuit Judges.
Wilkins, Circuit Judge:
Ought implies can.1 That is, in order for law — man-made or otherwise — to command the performance of an act, that act must be possible to perform. This lofty philosophical maxim, ordinarily relevant only to bright-eyed college freshmen, sums up our reasoning in this...
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