By Kenneth Jost, Supreme Court Editor, CQ Press, and Associate Editor, CQ Researcher
Jost on Justice
Five rulings to date on the merits in constitutional challenges to act:
Virginia ex rel. Cuccinelli v. Sebelius, Secretary of the Department of Health and Human Services, 702 F.Supp. 598 (E.D. Va. 2010) [Dec. 13, 2010]; appeal to Fourth U.S. Circuit Court of Appeals, Nos. 11-1057, -1058; oral argument, May 10; petition for certiorari before judgment, U.S. Supreme Court, 10-1014; scheduled for conference, April 15; decision could be announced April18. (Fourth Circuit argument in tandem with Liberty University v. Geithner.)
Judge Henry Hudson ruled the law unconstitutional.
Thomas More Law Center v. Obama, 720 F.Supp. 882 (E.D. Mich. 2010) [Oct. 7, 2010], appeal to Sixth U.S. Circuit Court of Appeals, No. 10-2388; oral argument, June 1.
Judge George Steeh ruled the law constitutional.
Florida ex rel. Bondi v. U.S. Dep’t of Health and Human Services, 716 F.Supp. 2d 1120 (N.D. Fla. 2010) [Oct. 14, 2010]; injunction issued, Jan. 31, 2011; appeal to Eleventh U.S. Circuit Court of Appeals, No. 11-11021; cross-appeal, No. 11-11067; briefing due to be completed May 25; oral argument, June 8.
Judge Roger Vinson ruled the law unconstitutional.
Liberty University v. Geithner, Secretary of Treasury, 2010 WL 4860299, No. 6:10cv15 (W.D. Va. Nov. 30, 2010); appeal to Fourth U.S. Circuit Court of Appeals, No. 10-2347; oral argument, May 10 (in tandem with Virginia v. Sebelius).
Judge Norman Moon ruled the law constitutional.
Mead v. Holder, No. Civ.A 10-950 GK, 2011 WL 611139 (D.D.C. Feb. 22, 2011), on appeal sub nom Seven-Sky v. Holder, Attorney General, to U.S. Court of Appeals for the District of Columbia Circuit, No. 11-5047; oral argument, sometime in September.)
Judge Gladys Kessler ruled the law constitutional.
A comprehensive list with detailed information on roughly 20 cases can be found on the site “Health Care Lawsuits,” published by the conservative group Independent Women’s Forum:
Other Resources
Legal blogs that have been covering the litigation:
-
ACA Litigation Blog: http://acalitigationblog.blogspot.com/
Specialized blog by Bradley Joondeph, Santa Clara University School of Law
Note: comprehensive compilation of all official documents -
How Appealing: http://howappealing.law.com/
Appellate litigation news blog; includes links to rulings covered -
SCOTUSBlog: http://www.scotusblog.com/
Supreme Court news/analysis blog, with coverage of major issues in other courts
Organizations that have been following the litigation or the issues:
AARP: www.aarp.org
Alliance for Health Policy, www.allhealth.org
American Center for Law and Justice: www.aclj.org
Center for American Progress: http://www.americanprogress.org
National Federation of Independent Businesses: www.nfib.com
U.S. Chamber of Commerce: www.uschamber.com
Washington Legal Foundation: http://www.wlf.org/
White House: www.whitehouse.gov/blog/issues/
Health-Care
Young Invincibles: www.younginvincibles.org
Health and medical organizations that have filed amicus briefs
American Academy of Pediatrics
American Association of People with Disabilities
American Cancer Society
American Hospital Association
American Nurses Association
America’s Health Insurance Plans
Association of American Physicians and Surgeons
Physician Hospitals of America
Law professors who have followed litigation closely, from opposite perspectives:
Randy Barnett, professor, Georgetown University Law Center
Believes law unconstitutional
Timothy Jost (no relation), Washington & Lee University School of Law
Believes law constitutional
