Friday, July 6, 2012

Update on Coons v. Geithner

This is the case in the District Court for the District of Arizona, brought by some members of the House of representatives, among others. The plaintiffs made two principal claims in their complaint: (1) that the individual mandate exceeds Congress's enumerated powers, and (2) the Independent Payment Advisory Board (established by the ACA to review Mediare reimbursement rates) violates separation of powers principles. The first claim is now dead, and thus should be dismissed forthwith. The second remains technically viable, though, and the District Court may schedule argument on the issue. The essence of the claim appears to be that the statute's charge to the Board violates the non-delegation doctrine by delegating too much (or insufficiently cabined) discretion. Thus far, the District Court has taken no action in the wake of NFIB v. Sebelius.