A project of the George Washington University's Hirsh Health Law and Policy Program and the Robert Wood Johnson Foundation

Legal Challenges to the Affordable Care Act: Tabular Summary of Supreme Court Amicus Briefs

Posted on March 26, 2012 | Comment (1)

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Key Developments

The table below lists all of the amicus briefs filed with the Supreme Court in the Affordable Care Act cases.  HealthReformGPS has posted summaries HERE for some of briefs that have been filed by the bolded amici listed below.

 

 Amici

Mandate

Severability

Medicaid

AIA

1851 Center for Constitutional Law

x

AARP

x

x

Advocacy for Patients with Chronic Illness

x

America’s Health Insurance Plans (AHIP)

x

American Academy of Actuaries

x

American Academy of Pediatric Dentistry (AAPD)

x

American Benefits Council

x

American Cancer Society (ACS)

x

American Catholic Lawyers Association

x

American Center for Law and Justice (ACLJ)

x

x

x

American Civil Rights Union (ACRU)

x

x

x

American Hospital Association (AHA)

x

x

x

American Legislative Exchange Council (ALEC)

x

American Life League

x

American Medical Students Assoc (AMSA)

x

x

American Public Health Association (APHA)

x

Asian & Pacific Islander American Health Forum

x

Association of American Physicians and Surgeons (AAPS)

x

x

Authors of The Origins of the Necessary and Proper Clause

x

Blue Cross Blue Shield (BCBS)

x

Bob Marshall

x

CA Endowment

x

CA, CT, DE, HI, IL…

x

x

x

Caesar Rodney Institute

x

CALPERS

x

Caplin and Cohen

x

Catholic Sisters

x

Catholic Vote and Steven J. Willis

x

CATO

x

x

x

Center for Constitutional Jurisprudence et al.

x

Center for the Fair Administration of Taxes

x

Chamber of Commerce

x

Child Advocacy Orgs

x

Citizens and Legislators in the 14 ‘Health Care Freedom’ States

x

Citizen’s Council for Health Freedom

x

Comparative Enterprise Institute

x

Con Law and Econ Professors

x

Con Law Scholars

x

Constitutional Jurisprudence, Pacific Legal, et al

x

Court-Appointed Amici

x

x

Cuccinelli et al

x

David Riemer et al

x

x

x

David Satcher

x

Disability Rights Center

x

Docs4Patient Care, Benjamin Rush Society et al

x

DOJ

x

x

x

x

Economic Scholars

x

Economists

x

x

x

Employer Solutions Staffing Group

x

Faithful Reform in Health Care

x

Family Research Council

x

Former DOJ Officials

x

Foundation for Moral Law

x

Friedman and Adler

x

HAS Coalition and Constitutional Defense Fund

x

Health Care for All

x

Health Care Policy History Scholars

x

Health Foundation of Greater Cincinnati

x

Health Law and Policy Scholars

x

Health Law Professors

x

Independence Institute

x

Independent Women’s Forum

x

Indiana State Legislators

x

Institute for Justice

x

James Blumstein

x

Jewish Alliance for Law and Social Action

x

Judicial Watch

x

Justice and Freedom Fund

x

Lambda Legal Defense and Education Fund

x

Landmark Legal foundation

x

Leadership Conference on Civil and Human Rights

x

Liberty Legal Foundation

x

Liberty University

x

x

Massachusetts

x

McConnell, et al

x

Michigan Legal Services

x

x

Missouri Attorney General

x

x

Montana Shooting Sports Association

x

Mountain States Legal Foundation

x

NAACP

x

National Health Law Program
National Indian Health Board

x

x

Nat’l Minority AIDS Council, et al

x

Nat’l Restaurant Association

x

Nat’l Women’s Law Center

x

NFIB

x

x

x

NHeLP et al

x

Partnerships for America

x

Prescription Policy Choices

x

Project Liberty  x
Rand Paul

x

Reid and Pelosi

x

x

Rutherford Institute

x

SEIU

x

x

Single Payer Action

x

Small Business Majority Foundation

x

Speaker John Boehner

x

State Chambers of Commerce

x

State Legislators

x

x

State of Oklahoma

x

States

x

x

x

x

Stephen M. Trattner

x

Tax Foundation

x

Tax Law Professors

x

Texas Public Policy Foundation

x

x

x

Thomas More Law Center

x

US Senate

x

Washington and Lee Black Lung Clinic

x

Washington Legal Foundation and Con Law Scholars

x

Western Center for Journalism

x

Young Invincibles

x

Comment (1)

In a ruling issued yesterday, Judge Ronald A. White of the US District for the Eastern Division of Oklahoma said that Oklahoma may proceed with their case challenging the legality of the Internal Revenue Service (IRS) provision allowing individuals to receive subsidies from federally-facilitated Marketplaces. Oklahoma is arguing that as the Affordable Care Act (ACA) is written, only residents of states that are running their own state-based Marketplace are eligible to receive federal subsidies to offset premium costs. The ruling stated that Oklahoma had standing to challenge this portion of the ACA, as the state qualifies as a large employer that will face higher costs due to the law.
The Department of Justice (DOJ) told the Supreme Court yesterday that they would not attempt to block requests to reopen a lawsuit against the Affordable Care Act (ACA). Such a lawsuit could potentially place the ACA in front of the Supreme Court again as early as next year. In 2010, Liberty University sued over the minimum coverage provision and other aspects of the ACA, but the case was set aside when the 26 states and NFIB case went before the Supreme Court. Because the court upheld the constitutionality of the individual mandate in its June 28th decision, it essentially tossed out Liberty's lawsuit. Liberty now wants the Supreme Court to review its other challenges to the ACA. Specifically, Liberty claims that the law's employer coverage requirements are unconstitutional, as the mandate's contraception coverage requirement violates the right to freely exercise religion. Over 30 such claims have been filed against the Obama administration. Solicitor General Donald Verrilli's letter to the court states that although the DOJ believes that the Liberty claims "lack merit," the DOJ does not oppose the courts reviewing the suit.