Update Patient Protection and Affordable Care Act of 2010

05/17/2010
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The NFIB ( National Federation of Independent Business ) and two individuals, Mary Brown and Kaj Ahlburg, have joined in the lawsuit filed in the US District Court Northern District of Florida, Pensacola Division, U.S. District Court for the Northern District of Florida Pensacola Division Case No.: 3:10-cv-91-RV/EMT. I am a member of  Scribd (my Scribd profile).  Scribd has the second amended complaint which you can download.

NFIB’s press release declares that they joined the lawsuit to fulfil their mission of promoting and protecting the rights of small business owners.  The New York Times also has an updated story.  Mary Brown is an uninsured owner of an automobile repair shop in Panama City, Fla.   Kaj Ahlburg is from Washington State and prefers to pay his medical bills from his own funds rather than being compelled to obtain insurance.

The joining by NFLB and these two individuals addresses one of the  concerns over “standing” that may yet be raised in the Federal government’s response, which I understand is due June 16 with oral arguments scheduled for September.  Procedural rules, discovery and other filings such as motions may, in my opinion, push oral arguments later into the fall.

An excellent news review was posted by Amanda Coyne in the Alaska Dispatch titled Does Alaska have standing to sue over health care?

The issues need to be narrowed by the Federal government’s response before I can say more using statute and case references.  In addition, Congress may further revise the Act. But I will keep you posted!  www. garycjohnsonlaw.com

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