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COONS v. LEW

No. 13-15324.

762 F.3d 891 (2014)

Nick COONS; and Eric N. Novack, M.D., Plaintiffs-Appellants, v. Jacob L. LEW, in his official capacity as Secretary of the United States Department of the Treasury; Kathleen Sebelius, in her official capacity as Secretary of the United States Department of Health and Human Services; Eric H. Holder, Jr., Attorney General, in his official capacity as Attorney General of the United States; and Barack Hussein Obama, in his official capacity as President of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2014.

Amended September 2, 2014.

Attorney(s) appearing for the Case

Christina Sandefur (argued), Clint Bolick, Kurt Altman, and Nicholas C. Dranias, Goldwater Institute, Phoenix, AZ, for Plaintiffs-Appellants.

Jeffrey E. Sandberg (argued), Dana Kaersvang, and Alisa B. Klein, Attorneys, John S. Leonardo, United States Attorney, and Stuart F. Delery, Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Timothy Sandefur, Pacific Legal Foundation, Sacramento, CA, for Amici Curiae.

Before: MARY M. SCHROEDER, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Plaintiffs Nick Coons and Eric N. Novack brought a facial constitutional challenge to two provisions of the Patient Protection and Affordable Care Act, Pub.L. No. 111-148, 124 Stat. 119 (2010), as amended by Health Care and Education Reconciliation Act of 2010, Pub.L. No. 111-152, 124 Stat. 1029 ("Affordable Care Act"): the individual mandate, which requires that individuals...

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