Tuesday, March 8, 2011

Plaintiffs file amended complaint in Bryant v. Holder

The suit alternatively known as Bryant v. Holder or Walters v. Holder is back in motion, as the plaintiffs have filed an amended complaint in response to the district court's dismissal of their original complaint without prejudice. District Court Judge Keith Starrett, in his order of February 3, concluded that the plaintiffs had failed to allege any harm that would entitle them to standing to challenge the ACA, particularly the minimum essential coverage requirement. But he dismissed without prejudice, affording them the opportunity to amend their complaint so as to include the necessary allegations. (This should be rather easy, as the United States has now effectively conceded that individuals who assert current injury from the need to save to afford health insurance in 2014 have standing to challenge the minimum coverage requirement.)

On Friday, the plaintiffs filed that amended complaint, which you can find here.