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Obamacare

LAWSUITS

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

View the Jan. 16, 2014 press release: Plaintiffs in Obamacare Lawsuit Move for Expedited Appeal
View the Oct. 22, 2013 press release: Obamacare Lawsuit May Proceed, Judge Rules
View the June 7, 2013 press release: Plaintiffs in Obamacare Suit File Motion for Summary Judgment
> View the May 2, 2013 press release: Small Business Owners Sue Over IRS Obamacare Power Grab
> View the July 22, 2014 press release: Court Strikes Down IRS Obamacare Rule in Halbig Case

COURT FILINGS

May 2 Complaint
June 6 Plaintiffs' Motion for Summary Judgment
June 13 Government motion to defer briefing on plaintiffs’ summary judgment motion
June 14 Plaintiffs’ opposition to government motion to defer summary judgment briefing
July 29 Government Motion to Dismiss
August 9 Plaintiffs' Opposition to Motion to Dismiss
August 9 Plaintiffs' Default Motion Re Summary Judgment
September 3 Government Reply in Support of Motion to Dismiss
September 10 Plaintiffs' Motion for Preliminary Injunction
September 10 Plaintiffs' Exhibits in Support of Motion for Preliminary Injunction
September 10 Plaintiffs' Proposed Order Granting Preliminary Injunction
September 10 Plaintiffs' Suggestion of Reassignment to another judge
September 27 Government's Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction
October 4 Plaintiffs' Reply in Support of Preliminary Injunction
October 4 Plaintiffs' Supplemental Declaration in Support of Preliminary Injunction Motion
November 12 Government’s Cross-Motion for Summary Judgment, along with Supporting Declaration and Exhibits
November 12 American Hospital Assn. Amicus in Support of the Government
November 12 Families USA Amicus in Support of the Government
November 18 Plaintiffs’ Opposition to Govt Cross-Motion and Exhibit in Support of Opposition
November 18 State of Virginia Amicus in Support of Plaintiffs' Motion for Summary Judgment
November 18 Amicus Brief of Adler and Cannon in Support of Plaintiffs
November 25 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 U.S. Court of Appeals
March 31, 2014 - DC Circuit Transcript of March 25 hearing
July 22, 2014 - US Circuit Court, DC Court of Appeals Decision

KING V SEBELIUS

This lawsuit challenges the same IRS rule as above. It was filed on behalf of several Virginia residents on Sept. 16, 2013. On February 18, 2014, the court upheld the IRS regulation in dispute.

COURT FILINGS

September 16 Complaint
September 19 Plaintiffs' Motion for Summary Judgment 
Declarations in Support of Motion for Summary Judgment
September 19 Plaintiffs' Motion for Preliminary Injunction
Declaration in Support of Motion for Preliminary Injunction
October 16 Defendants' Memorandum in Opposition to Motion for Preliminary Injunction
October 23 Plaintiffs' Reply Brief in Support of Plaintiffs' Motion for Preliminary Injunction
November 18 Government Cross-Motion for Summary Judgment
November 18 Families USA Amicus in Support of Government Motion
November 18 American Hospital Assn. Amicus in Support of Government Motion
November 27 Plaintiffs' Opposition to Goverment Cross Motion for Summary Judgment
February 18, 2014 U.S. District Court Opinion
March 3, 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