You are here

Obamacare

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 -
 AppellantsEn 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

RELATED CASES

Oklahoma v. Burwell