LAWSUITS
KING V BURWELL
King v. Burwell [Sebelius] challenges the federal government over an IRS regulation imposed under the Affordable Care Act (Obamacare) that subjects the plaintiffs to Obamacare’s individual mandate, requiring them to enroll in comprehensive healthcare coverage or pay a tax penalty. It was filed on behalf of four Virginia residents on Sept. 16, 2013. The U.S. Supreme Court agreed to review the case and oral argument is scheduled before the court on March 4, 2015.
Note: This case was formerly known as King v. Sebelius prior to the resignation of U.S. Secretary of Health and Human Services Kathleen Sebelius. Secretary Sylvia Mathews Burwell currently holds the position.
King v. Burwell Frequently Asked Questions (FAQ)
NEWS RELEASES
June 25, 2015 – Rule of Law Dealt a Blow by the Supreme Court
June 09, 2015 – President Obama’s Rose-Colored Glasses Regarding Healthcare
June 08, 2015 – President Obama Posits Himself as All Three Branches in One
March 04, 2015 – Oral Argument at Supreme Court Challenges Illegal IRS Move to Rewrite the Affordable Care Act
February 18, 2015 – King Plaintiffs File Reply Brief
January 22, 2015 – CEI Responds to Government’s Brief in SCOTUS Obamacare Subsidies Case
December 31, 2014 – Obamacare Lawsuit Gains Support of Lawmakers, Experts in Supreme Court Amicus Briefs
December 22, 2014 – Opening Brief in SCOTUS Obamacare Exchange Subsidies Case Filed Today
November 07, 2014 – SCOTUS Announces Review of CEI’s Healthcare Case: King v. Burwell
November 03, 2014 – Update on CEI’s Healthcare Cases, Halbig and King
October 15, 2014 – The Supreme Court Should Review CEI’s Obamacare Subsidy Case
July 31, 2014 – Supreme Court Review Sought in Obamacare Exchange Case
COURT FILINGS
September 16, 2013 – Complaint
September 19, 2013 – Plaintiffs’ Motion for Summary Judgment
Declarations in Support of Motion for Summary Judgment
September 19, 2013 – Plaintiffs’ Motion for Preliminary Injunction
Declaration in Support of Motion for Preliminary Injunction
October 16, 2013 – Defendants’ Memorandum in Opposition to Motion for Preliminary Injunction
October 23, 2013 – Plaintiffs’ Reply Brief in Support of Plaintiffs’ Motion for Preliminary Injunction
November 18, 2013 – Government Cross-Motion for Summary Judgment
November 18, 2013 – Families USA Amicus in Support of Government Motion
November 18, 2013 – American Hospital Assn. Amicus in Support of Government Motion
November 27, 2013 – Plaintiffs’ Opposition to Goverment Cross Motion for Summary Judgment
February 18, 2014 – U.S. District Court Opinion
March 03, 2014 – Appellants’ Opening Brief
March 10, 2014 – Amicus Brief by Adler, Cannon
March 10 2014 – Amicus Brief by Kansas, Nebraska
March 10 2014 – Amicus Brief by the Galen Institute
March 10 2014 – Amicus Brief by Oklahoma, Alabama, Georgia and others
March 10, 2014 – Supporting Amicus Brief of Pacific Research Institute, the Cato Institute and the American Civil Rights Union
March 10, 2014 – Supporting Amicus Brief of Senators and Congressmen
March 18, 2014 – Appellees Brief
March 26, 2014 – Reply Brief for Appellants
July 22, 2014 – 4th Circuit Decision
July 31, 2014 – Petition for Writ of Certiorari
August 06, 2014 – Appellants Letter to the Supreme Court Clerk Regarding Extension of Time
September 03, 2014 – Supporting Amicus Brief of Citizens Counsel & Physicians
September 03, 2014 – Supporting Amicus Brief of Oklahoma, et al.
September 03, 2014 – Supporting Amicus Brief of Senators Cornyn et al.
September 03, 2014 – Supporting Amicus Brief of Missouri Liberty Project et al.
September 03, 2014 – Supporting Amicus Brief of Pacific Research Institute, et al.
October 03, 2014 – Government Opposition to Cert Petition
October 14, 2014 – Reply to Government Opposition to Cert Petition
November 7, 2014 – Cert Petition Granted
December 22, 2014 – Petitioners’ Opening Brief on the Merits
December 22, 2014 – Joint Appendix
December 30, 2014 – Amicus Brief of the Galen Institute
December 30, 2014 – Amicus Brief of the Mountain States Legal Foundation
December 30, 2014 – Amicus Brief of the Cato Institute
December 30, 2014 – Amicus Brief of Administrative and Constitutional Law Professors
December 30, 2014 – Amicus Brief of Virginia State Delegates et al.
December 30, 2014 – Amicus Brief of Senator Cornyn et al.
December 30, 2014 – Amicus Brief of Pacific Research Institute et al.
December 30, 2014 – Amicus Brief of Oklahoma, Alabama, et al.
December 30, 2014 – Amicus Brief of Missouri Liberty Project, et al.
December 30, 2014 – Amicus Brief of Landmark Legal Foundation
December 30, 2014 – Amicus Brief of Jonathan H. Adler and Michael F. Cannon
December 30, 2014 – Amicus Brief of Jeremy Rabkin
December 30, 2014 – Amicus Brief of Indiana
December 30, 2014 – Amicus Brief of Consumers’ Research
December 30, 2014 – Amicus Brief of Citizens’ Council for Health Freedom
December 30, 2014 – Amicus Brief of American Civil Rights Union and Heartland Institute
December 30, 2014 – Amicus Brief of American Center for Law and Justice
December 30. 2014 – Amicus Brief of Washington Legal Foundation
December 30, 2014 – Amicus Brief of Judicial Watch
December 30, 2014 – Amicus Brief of Joseph Evans
December 30, 2014 – Amicus Brief of Texas Black Americans for Life
January 21, 2015 – Government Brief on the Merits
February 18, 2015 – Petitioners’ Reply Brief to the Government’s Brief
HALBIG v. BURWELL:
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS regulation imposed under the Affordable Care Act (Obamacare), a regulation that will force the plaintiffs to pay exorbitant fines, cut back employees’ hours, or severely burden their businesses. On October 22, 2013, a federal judge ruled the case could proceed, rejecting a motion to dismiss by the government, and promised an expedited decision in the case on or before Feb. 15, 2014. On January 15, 2014, the court upheld the IRS regulation in dispute.
Note: This case was formerly known as Halbig v. Sebelius prior to the resignation of U.S. Secretary of Health and Human Services Kathleen Sebelius. Secretary Sylvia Mathews Burwell currently holds the position.
NEWS RELEASES
November 03, 2014 – Update on CEI’s Healthcare Cases, Halbig and King
August 18, 2014 – Supreme Court Best to Quickly Resolve Obamacare Cases, Plaintiffs Argue in Monday Filing
July 22, 2014 – Court Strikes Down IRS Obamacare Rule in Halbig Case
Jan. 16, 2014 – Plaintiffs in Obamacare Lawsuit Move for Expedited Appeal
COURT FILINGS
May 02, 2013 – Complaint
June 06, 2013 – Plaintiffs’ Motion for Summary Judgment
June 13, 2013 – Government motion to defer briefing on plaintiffs’ summary judgment motion
June 14, 2013 – Plaintiffs’ opposition to government motion to defer summary judgment briefing
July 29, 2013 – Government Motion to Dismiss
August 09, 2013 – Plaintiffs’ Opposition to Motion to Dismiss
August 09, 2013 – Plaintiffs’ Default Motion Re Summary Judgment
September 03, 2013 – Government Reply in Support of Motion to Dismiss
September 10, 2013 – Plaintiffs’ Motion for Preliminary Injunction
September 10, 2013 – Plaintiffs’ Exhibits in Support of Motion for Preliminary Injunction
September 10, 2013 – Plaintiffs’ Proposed Order Granting Preliminary Injunction
September 10, 2013 – Plaintiffs’ Suggestion of Reassignment to another judge
September 27, 2013 – Government’s Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction
October 04, 2013 – Plaintiffs’ Reply in Support of Preliminary Injunction
October 04, 2013 – Plaintiffs’ Supplemental Declaration in Support of Preliminary Injunction Motion
November 12, 2013 – Government’s Cross-Motion for Summary Judgment, along with Supporting Declaration and Exhibits
November 12, 2013 – American Hospital Assn. Amicus in Support of the Government
November 12, 2013 – Families USA Amicus in Support of the Government
November 18, 2013 – Plaintiffs’ Opposition to Govt Cross-Motion and Exhibit in Support of Opposition
November 18, 2013 – State of Virginia Amicus in Support of Plaintiffs’ Motion for Summary Judgment
November 18, 2013 – Amicus Brief of Adler and Cannon in Support of Plaintiffs
November 25, 2013 – Government’s Reply in Support of Summary Judgment
January 15, 2014 – District Court opinion
January 15, 2014 – District Court order
January 15, 2014 – Notice of Appeal
January 16, 2014 – Motion to Expedite Appeal
January 17, 2014 – DC Circuit Order In Re Motion to Expedite Appeal
January 17, 2014 – DC Circuit Second Order In Re Motion to Expedite Appeal
January 30, 2014 – Appellants’ Opening Brief on Appeal
January 30, 2014 – Joint Appellate Appendix
February 5, 2014 – Supporting Amicus Brief of Oklahoma and other States
February 6, 2014 – Supporting Amicus Brief of Pacific Research Institute and Cato
February 6, 2014 – Supporting Amicus Brief of Kansas and Other States
February 6, 2014 – Supporting Amicus Brief of NFIB
February 6, 2014 – Supporting Amicus Brief of Senators and Representatives
February 6, 2014 – Supporting Amicus of the Galen Institute
February 6, 2014 – Supporting Amicus Brief of Jonathan Adler and Michael Cannon
February 12, 2014 – Government’s Brief on Appeal
February 17, 2014 – Amicus Briefs for the Government
February 19, 2014 – Appellants Reply Brief
March 12, 2014 – Government Notice of Supplemental Authority
March 14, 2014 – Appellants Motion to Strike
March 25, 2014 – Audio Recording of Oral Arguments in DC Circuit
March 31, 2014 – DC Circuit Transcript of March 25 hearing
July 22, 2014 – DC Circuit Decision
August 1, 2014 – Government Petition for En Banc Reconsideration
August 18, 2014 – Appellants’ Opposition to En Banc Reconsideration
September 4, 2014 – DC Circuit Order Granting En Banc Reconsideration
October 3, 2014 – Appellants‘ En Banc Opening Brief
October 3, 2014 – En Banc Appendix
October 3, 2014 – Supporting Amicus Brief of Judicial Watch
October 3, 2014 – Supporting Amicus Brief of the Galen Institute
October 3, 2014 – Supporting Amicus Brief of the Pacific Research Institute and Cato Institute
October 3, 2014 – Supporting Amicus Brief of Jonathan Adler and Michael Cannon
October 3, 2014 – Supporting Amicus Brief of Seven Members of Congress
October 3, 2014 – Supporting Amicus Brief of the States of Kansas and Nebraska
November 03, 2014 – Government En Banc Brief