Monday, January 24, 2011

Plaintiffs file motion for summary judgment in U.S. Citizens Association v. Sebelius

The plaintiffs in United States Citizens Ass'n v. Sebelius have filed their motion for summary judgment, which you can access here. This case is currently pending in the Northern District of Ohio. On November 22, District Judge David Dowd granted the United States's motion to dismiss three of the plaintiffs' claims: that the ACA violates their (1) freedom of expressive and intimate association, (2) right to due process, and (3) constitutional right to privacy. But the Court denied the United States's motion to dismiss the claim that the minimum essential coverage requirement exceeds Congress's enumerated powers.

The United States's motion for summary judgment is likewise due today. We will post it here as soon as it becomes available.