One ACA case in which we are likely to see a judicial decision relatively soon is New Jersey Physicians, Inc. v. Obama, currently pending before Judge Susan D. Wigenton, United States District Court for the District of New Jersey. The plaintiffs have raised four claims: (1) that the minimum coverage provision exceeds Congress's enumerated powers, (2) that the exaction imposed on those failing to obtain adequate coverage is an unapportioned "direct" tax, (3) that the ACA violates their rights to due process, and that (4) the ACA was not lawfully enacted. The United States has moved to dismiss, and responsive briefing on the motion was complete as of September 3. Judge Wigenton has stated that she will rule on the papers without a hearing. Thus, we should have a decision on the motion in the near future.
I have added a separate heading for the case in the column to the right, with links to all of the filings: the original and amended complaints, the United States's motion to dismiss, the plaintiffs' memo opposing the motion to dismiss, and the United States's reply brief.
