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LIBERTY UNIVERSITY, INC. v. GEITHNER

No. 6:10-cv-00015-nkm.

753 F.Supp.2d 611 (2010)

LIBERTY UNIVERSITY, INC., a Virginia Nonprofit Corporation, Michele G. Waddell, David Stein, M.D., Joanne V. Merrill, Delegate Kathy Byron, and Jeff Helgeson, Plaintiffs, v. Timothy GEITHNER, Secretary of the Treasury of the United States, in his official capacity, Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, in her official capacity, Hilda L. Solis, Secretary of the United States Department of Labor, in her official capacity, and Eric Holder, Attorney General of the United States, in his official capacity, Defendants.

United States District Court, W.D. Virginia, Lynchburg Division.

November 30, 2010.

Attorney(s) appearing for the Case

Anita L. Staver, Mathew D. Staver, Liberty Counsel, Orlando, FL, Mary Elizabeth McAlister, Liberty Counsel, William Edward McRorie, Law Office of William McRorie, Lynchburg, VA, for Plaintiffs.

Ethan Price Davis, United States Department of Justice, Joel L. McElvain, U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Defendants.

MEMORANDUM OPINION

NORMAN K. MOON, District Judge.

On the day the President signed into law the Patient Protection and Affordable Care Act of 2009, Plaintiffs filed this action, contesting the law's validity on constitutional and statutory grounds. Defendants (several government officials named in their official capacities) moved to dismiss the suit for lack of jurisdiction and for failure to state a...

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