Reference Desk

Here we maintain a collection of publicy-available reference materials that are helpful to have on hand. The bars provide logical grouping, and the colors of the bars indicate the resource type. (Note that when court cases get appealed, the order of the litigant names can flip. To reduce confusion, we keep the original order.)

Court cases
Government reports
Legislation


Supreme Court Review of the Affordable Care Act: Oral Arguments (March 28, 2012). The United States Supreme Court hears oral arguments concerning whether Congress can require states to substantially expand their Medicaid programs as a condition of receiving continued federal funding. [Transcript: 102 pages, PDF | Audio: 85 mins, MP3]

Supreme Court Review of the Affordable Care Act: Oral Arguments (March 28, 2012). The United States Supreme Court hears oral arguments concerning whether the individual mandate contained in the federal health reform law is severable from the rest of the law. [Transcript: 99 pages, PDF | Audio: 90 mins, MP3]

Supreme Court Review of the Affordable Care Act: Oral Arguments (March 27, 2012). The United States Supreme Court hears oral arguments concerning whether the individual mandate contained in the federal health reform law is Constitutional. [Transcript: 131 pages, PDF | Audio: 120 mins, MP3]

Supreme Court Review of the Affordable Care Act: Oral Arguments (March 26, 2012). The United States Supreme Court hears oral arguments concerning whether the fine associated with the individual mandate is a penalty or a tax. [Transcript: 91 pages, PDF | Audio: 90 mins, MP3]



Florida v. HHS: Decision on Appeal (August 12, 2011). The 11th Circuit court finds that the individual mandate exceeds Congress's enumerated commerce power and is unconstitutional. [304 pages, PDF]

Florida v. HHS: Oral Arguments on Appeal (June 8, 2011). Counsel from both sides present oral arguments to a three-judge panel in the U.S. Court of Appeals for the 11th Circuit, consisting of Judges Joel Dubina, Frank Hull, and Stanley Marcus. [Arguments for motion to dismiss: 91 mins, MP3 | Arguments on the merits: 55 mins, MP3]

Florida v. HHS: Summary Judgment (January 31, 2011). Judge Roger Vinson issues an order granting summary judgment on the states' case against the federal government over the provisions contained in the Patient Protection and Affordable Care Act. This ruling essentially finds the individual mandate unconstitutional. [78 pages, PDF]

Florida v. HHS: Ruling to Proceed (October 14, 2010). Judge Roger Vinson issues a ruling permitting the case to proceed. [65 pages, PDF]

Florida v. HHS: Complaint (March 23, 2010). Thirteen states file a challenge to the Patient Protection and Affordable Care Act. The Plaintiffs charge that the Act exceeds the powers granted under Article I of the Constitution and violates the Tenth Amendment. [23 pages, PDF]



Goudy-Bachman v. HHS: Summary Judgment (September 13, 2011). Pennsylvania District Court Judge Christopher C. Conner rules in favor of the Plaintiffs, stating that the individual mandate is unconstitutional, and that the minimum coverage provision, guaranteed issue, and preexisting condition provisions must be severed from the Act and stricken. [52 pages, PDF]

Goudy-Bachman v. HHS: Complaint (April 12, 2010). Plaintiffs Barbara Goudy-Bachman and Gregory Bachman file a challenge to the Patient Protection and Affordable Care Act. The Plaintiffs charge that the Act exceeds the powers granted under the Constitution. [20 pages, PDF]



Coons v. Geithner: Second Amended Complaint (May 10, 2011). The Goldwater Institute files a second amended complaint. [37 pages, PDF]

Coons v. Geithner: Amended Complaint (March 11, 2011). The Goldwater Institute files an amended complaint. [36 pages, PDF]

Coons v. Geithner: Complaint (August 12, 2010). The Goldwater Institute files suit against federal officials over provisions contained in the Patient Protection and Affordable Care Act. The plaintiff charges that the Act violates the rights to medical autonomy and privacy; violates the First Amendment rights of legislators who will be required to defer to the Independent Payment Advisory Board; violates the Necessary and Proper Clause; and undermines the state sovereignty protected under the Tenth Amendment. [78 pages, PDF]



Liberty University v. Geithner: Oral Arguments on Appeal (May 10, 2011). Liberty University counsel Mathew Staver and Geithner counsel Neal Katyal present oral arguments to a three-judge panel in the U.S. Court of Appeals for the 4th Circuit, consisting of Judges Dianna Gribbon Motz, Andre Davis, and James Wynn. [85 mins, MP3]

Liberty University v. Geithner: Dismissal (November 30, 2011). Judge Norman K. Moon issues a ruling that grants the government's request to dismiss the lawsuit brought by Liberty University. [54 pages, PDF]

Liberty University v. Geithner: Complaint (July 30, 2010). Liberty University files a complaint against the federal government challenging that, among other things, the individual and employer mandates contained in the Patient Protection and Affordable Care Act are unconstitutional. [40 pages, PDF]



Sissel v. HHS: Complaint (July 26, 2010). This complaint challenges the individual mandate provision of the Patient Protection and Affordable Care Act on the grounds that it violates the powers granted by the Commerce Clause. [17 pages, PDF]



Mead v. Holder: Dismissal (February 22, 2011). Judge Gladys Kessler upholds the individual mandate and dismisses the case, ruling that the mandate "is an appropriate means which is rationally related to the achievement of Congress's larger goal of reforming the national health insurance system." [64 pages, PDF]

Mead v. Holder: Complaint (July 2, 2010). Five plaintiffs, with assistance from the American Center for Law and Justice, challenge the constitutionality of the individual mandate on the basis that it violates their rights under the Religious Freedom Restoration Act of 1993. [28 pages, PDF]



AAPS v. Sebelius: Second Amended Complaint (September 13, 2010). The American Association of Physicians and Surgeons files a second amended complaint asking that retired members of the AAPS not be required to enroll in Medicare A. [31 pages, PDF]

AAPS v. Sebelius: Amended Complaint (August 23, 2010). The American Association of Physicians and Surgeons files an amended complaint asking the court to vacate HHS regulations requiring non-Medicare providers to enroll with Medicare, to appear in PECOS, and to obtain a National Provider Identifier. [31 pages, PDF]

AAPS v. Sebelius: Complaint (March 26, 2010). The American Association of Physicians and Surgeons challenges the constitutionality of the Patient Protection and Affordable Care Act. The Plaintiffs charge that the law, which forces individuals to buy insurance, violates Article I of the Constitution, as well as the Fifth and Tenth Amendments. [18 pages, PDF]



Thomas More Law Center v. Obama: Decision on Appeal (June 29, 2011). The U.S. Court of Appeals for the Sixth Circuit upholds a lower court's ruling that the individual mandate contained in the health reform law is constitutional. Judges Sutton and Graham were in the majority, with Judge Graham in the dissent. [64 pages, PDF]

Thomas More Law Center v. Obama: Oral Arguments on Appeal (June 1, 2011). Counsel from both sides present oral arguments to a three-judge panel in the U.S. Court of Appeals for the 6th Circuit, consisting of Judges Boyce Martin, Jeffrey Sutton, and James Graham. [Arguments for motion to dismiss: 30 mins, MP3 | Arguments on the merits: 65 mins, MP3]

Thomas More Law Center v. Obama: Dismissal (October 7, 2010). Judge George C. Steeh issues an order denying the plaintiffs' motion for injunction and dismisses the plaintiffs' claims for relief. [20 pages, PDF]

Thomas More Law Center v. Obama: Complaint (March 23, 2010). The Thomas More Law Center challenges that Congress has the authority to mandate health insurance under the Commerce Clause. This case also argues that the Patient Protection and Affordable Care Act violates the First Amendment right to free exercise of religion. [14 pages, PDF]



Virginia v. Sebelius: Oral Arguments on Appeal (May 10, 2011). Virginia Attorney General Kenneth Cuccinelli and Sebelius counsel present oral arguments to a three-judge panel in the 4th U.S. Circuit Court of Appeals, consisting of Judges Dianna Gribbon Motz, Andre Davis, and James Wynn. [49 mins, MP3]

Virginia v. Sebelius: Memorandum Opinion (December 13, 2010). Judge Henry Hudson gives a memorandum opinion on the case challenging the Constitutionality of the Patient Protection and Affordable Care Act, ruling that parts of the 2010 health reform law exceed Congressional authority. [42 pages, PDF]

Virginia v. Sebelius: Ruling to Proceed (August 2, 2010). Judge Henry Hudson issues a ruling permitting the case to proceed. [32 pages, PDF]

Virginia v. Sebelius: Complaint (March 23, 2010). The Commonwealth of Virginia files a complaint challenging the constitutionality of the Patient Protection and Affordable Care Act on the basis that Congress may not mandate the purchase of insurance under the Commerce Clause. [7 pages, PDF]



Congressional Budget Office analysis of PPACA (March 30, 2011). The title of this report is "CBO's Analysis of the Major Health Care Legislation Enacted in March 2010." It is the testimony of CBO Director Douglas Elmendorf before the Subcommittee on Health Committee on Energy and Commerce in the U.S. House of Representatives, one year after enactment of the health reform law. [33 pages, PDF]



Patient Protection and Affordable Care Act: ACO Final Rule (October 20, 2011). This is the final rule published by CMS describing how the Accountable Care Organization (ACO) program will be implemented. [696 pages, PDF]

Patient Protection and Affordable Care Act (amended) (June 9, 2010). This is an updated, consolidated version of the Patient Protection and Affordable Care Act and its amendments. This version includes the bill plus the Title X and HCERA amendments. [974 pages, PDF]

Patient Protection and Affordable Care Act (March 23, 2010). This is the final version of the Patient Protection and Affordable Care Act, as signed by President Obama on March 23, 2010. [906 pages, PDF]



American Recovery and Reinvestment Act ("Stimulus"): HIT Standards Final Rule (July 28, 2010). This final rule describes the standards, specifications, and certification criteria that will be used to determine whether hospitals and eligible professionals meet the meaningful use requirement for the EHR incentive program. [65 pages, PDF]

American Recovery and Reinvestment Act ("Stimulus"): Meaningful Use Final Rule (July 28, 2010). The most important healthcare-related provision to come out of the stimulus legislation of 2009 was the incentive program to encourage the adoption of electronic health records (EHRs). This is the final rule, issued later through the regulatory process, defining what is required to achieve "Meaningful Use" of an EHR and thereby qualify for the incentive. [276 pages, PDF]

American Recovery and Reinvestment Act ("Stimulus") (February 17, 2009). This is the full text of the 2009 stimulus legislation. It contains, among other things, the Health Information Technology for Economic and Clinical Health (HITECH) Act, which is intended to stimulate the adoption of health information technology. It was signed into law by President Barack Obama on February 17, 2009. [407 pages, PDF]