Status reports, briefs and court orders in the Florida, Virginia, Texas and Michigan federal court challenges to the Affordable Care Act.

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The Florida Multi-State Litigation

State of Florida et al. v. U.S. Department of Health and Human Services et al.

Current Status: On October 14, 2010, the Judge issued a written order on the government's Motion to Dismiss. In his order, he dismissed four of the plantiff's counts and denied the motion to dismiss as to two other counts. With respect to the two surviving counts, the parties have until November 4, 2010 in which to move for summary judgment. Hearing and oral argument on the motion for summary judgment will held on Thursday, December 16, 2010.

The various counts and their status after the Court's order:

1.The individual mandate and concomitant penalty exceed Congress’s authority under the Commerce Clause and violate the Ninth and Tenth Amendments -- NOT DISMISSED

2.The individual mandate and penalty violate substantive due process under the Fifth Amendment -- DISMISSED;

3.“Alternatively,” if the penalty imposed for failing to comply with the individual mandate is found to be a tax, it is an unconstitutional unapportioned capitation or direct tax in violation of U.S. Const. art. I, § 9, cl. 4, and the Ninth and Tenth Amendments -- DISMISSED;

4.The Act coerces and commandeers the states with respect to Medicaid by altering and expanding the program in violation of Article I and the Ninth and Tenth Amendments -- NOT DISMISSED;

5.It coerces and commandeers with respect to the health benefit exchanges in violation of Article I and the Ninth and Tenth Amendments --DISMISSED;

6.The employer mandate interferes with the states’ sovereignty as large employers and in the performance of government functions in violation of Article I and the Ninth and Tenth Amendments -- DISMISSED

Amended Complaint Filed in the Florida Health Care Reform Challenge
Amended complaint filed May 15, 2010 in the multi-state challenge in U.S. District Court, Northern District of Florida. Original complaint filed March 23, 2010.

Government's Motion to Dismiss
Government's Motion to Dismiss filed June 16, 2010 in the multi-state challenge in U.S. District Court, Northern District of Florida.

Plaintiff's Memorandum in Opposition to Government's Motion to Dismiss
Opposition to government's motion to dismiss filed August 6, 2010 in the multi-state challenge in U.S. District Court, Northern District of Florida.

Court Order and Memorandum
October 14, 2010 court order and memorandum ruling on government's Motion to Dismiss.

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The Virginia Litigation Commonwealth of Virginia ex rel. Kenneth T. Cuccinelli v. Kathleen Sebelius

Current Status: The Judge has denied the government's motion to dismiss and both parties have now filed motions for summary judgment. A hearing on the motions is set for October 18, 2010.

Complaint Filed in the Virginia Health Care Reform Challenge
Complaint filed March 23, 2010 in U.S. District Court, Eastern District of Virginia.

Government's Motion to Dismiss
Government's Motion to Dismiss filed May 24, 2010 in health care reform challenge in U.S. District Court, Eastern District of Virginia.

Plaintiff's Memorandum in Opposition to Government's Motion to Dismiss
Opposition to government's motion to dismiss filed June 7, 2010 in the health care reform challenge in U.S. District Court, Eastern District of Virginia.

Court Order Denying Government's Motion to Dismiss
Court order denying the government's motion to dismiss filed by the court on August 2, 2010.

Plaintiff Virginia's Motion For Summary Judgment
Virginia's motion for summary judgment filed September 3, 2010.

Government's Motion For Summary Judgment
Government's motion for summary judgment filed September 3, 2010.

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The Texas Litigation
Physicians Hospitals of America et al v. Kathleen Sebelius

Current Status: The goverment has filed both a motion to dismiss and a motion for summary judgment. Both are pending without decision.

Complaint Filed in the Texas Health Care Reform Challenge
Complaint filed June 3, 2010 in U.S. District Court, Eastern District of Texas.

Government's Motion to Dismiss
Government's Motion to Dismiss filed August 17, 2010 in health care reform challenge in U.S. District Court, Eastern District of Texas.

Government's Motion For Summary Judgment
Government's motion for summary judgment filed August 17, 2010 in health care reform challenge in U.S. District Court, Eastern District of Texas.

Plaintiffs' Memorandum in Opposition to Government's Motion For Summary Judgment
Plaintiffs' memorandum in opposition to motion for summary judgment filed September 7, 2010.

Plaintiffs' Memorandum in Opposition to Government's Motion to Dismiss
Plaintiffs' memorandum in opposition to motion to dismiss filed September 7, 2010.

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The Michigan Litigation
Thomas More Law Center, et al v. Barack Hussein Obama


Current Status: The Thomas More Law Center, a nonprofit Christian legal advocacy group in Ann Arbor, Mich., sued the government on behalf of itself, four individuals who are Michigan residents and federal taxpayers. The four individuals said they do not have private health insurance and objected to being compelled by the federal government to purchase health care coverage.

The plaintiffs filed a motion for preliminary injunction, arguing that the U.S. Constitution's Commerce Clause did not give Congress the authority to pass the health reform law mandating health insurance and it further argued that the law's financial penalty for those who don't purchase minimum essential coverage beginning in 2014 would be an unconstitutional tax.

On October 7, 2010 the Judge George Caram Steeh rejected that argument and denied the plaintiffs' motion. The Court held that the government has the power under the Commerce Clause to enact the law, ruling that the individual mandate addresses cost-shifting in the health care market and functions "as an essential part of a comprehensive regulatory scheme."

On October 22, 2010 the plaintiffs appealed the Court order to the U.S. Sixth Circuit Court of Appeals.

Complaint Filed in the Michigan Health Care Reform Challenge
Complaint filed March 23, 2010 in U.S. District Court, Eastern District of Michigan.

Plaintiffs' Motion for Preliminary Injunction
Motion for preliminary injunction filed April 6, 2010 by the plaintiffs in U.S. District Court, Eastern District of Michigan.

Government's Response to Motion for Preliminary Injunction
The govermnent's response to plaintiffs' motion for preliminary injunction filed May 11, 2010.

Court Order Denying Injunction and Dismissing Case
October 7, 2010 order denying the plaintiffs' motion for preliminary injunction and dismissing the case.