Tuesday, January 18, 2011

Plaintiffs in Florida v. HHS move to amend complaint to add six more states

Here is the relevant language from the motion filed this afternoon:

"Pursuant to Rules 15, 20, and 21, Federal Rules of Civil Procedure, Plaintiffs hereby move for leave to file their Second Amended Complaint, submitted contemporaneously herewith, for the sole purpose of adding the following States as Plaintiffs:

STATE OF OHIO, by and through MICHAEL DeWINE, ATTORNEY GENERAL OF THE STATE OF OHIO;

STATE OF KANSAS, by and through DEREK SCHMIDT, ATTORNEY GENERAL OF THE STATE OF KANSAS;

STATE OF WYOMING, by and through MATTHEW H. MEAD, GOVERNOR OF THE STATE OF WYOMING;

STATE OF WISCONSIN, by and through J.B. VAN HOLLEN, ATTORNEY GENERAL OF THE STATE OF WISCONSIN;

STATE OF MAINE, by and through WILLIAM J. SCHNEIDER, ATTORNEY GENERAL OF THE STATE OF MAINE; and

TERRY E. BRANSTAD, GOVERNOR OF THE STATE OF IOWA, ON BEHALF OF THE PEOPLE OF IOWA.

As shown below, the inclusion and participation of these six States as Plaintiffs, following the recent cycle of elections nationally, is entirely proper, because the Additional States share the same interests, assert the same claims, and seek the same relief as the Plaintiff States in this litigation with respect to the same Act of Congress. The Additional States have authorized the undersigned to advise the Court that they support this motion."

Assuming the District Court grants the motion, this will run the total number of plaintiff states in this case to 26 (some of which are represented by attorneys general, some by governors). If we add Virginia (plaintiff in Virginia v. Sebelius) and Oklahoma (whose new attorney general has announced his intent to file a separate lawsuit), a total of 28 states are now challenging the constitutionality of the ACA in federal court. (It should be noted, though, that in a handful of these states--such as Washington--there is a disagreement within the state's own executive branch as to whether the state should be challenging the Act.)

UPDATE: You can access the plaintiffs' motion here. And you can access their second amended complaint here.