656 F.3d 253 (4th Cir. 2011), 11-1057, Commonwealth of Virginia ex rel. Cuccinelli v. Sebelius

Docket Nº:11-1057, 11-1058.
Citation:656 F.3d 253
Opinion Judge:DIANA GRIBBON MOTZ, Circuit Judge:
Party Name:COMMONWEALTH OF VIRGINIA ex rel. Kenneth T. CUCCINELLI, II, in his official capacity as Attorney General of Virginia, Plaintiff-Appellee, v. Kathleen SEBELIUS, Secretary of the Department of Health and Human Services, in her official capacity, Defendant-Appellant. America's Health Insurance Plans; Chamber of Commerce of the United States of America
Attorney:Neal Kumar Katyal, United States Department of Justice, Washington, D.C., for Appellant/Cross-Appellee. Earle Duncan Getchell, Jr., Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee/Cross-Appellant. Tony West, Assistant Attorney General, Beth S. Brinkmann, Deputy Assist...
Judge Panel:Before MOTZ, DAVIS, and WYNN, Circuit Judges. Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge DAVIS and Judge WYNN joined.
Case Date:September 08, 2011
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 253

656 F.3d 253 (4th Cir. 2011)

COMMONWEALTH OF VIRGINIA ex rel. Kenneth T. CUCCINELLI, II, in his official capacity as Attorney General of Virginia, Plaintiff-Appellee,

v.

Kathleen SEBELIUS, Secretary of the Department of Health and Human Services, in her official capacity, Defendant-Appellant.

America's Health Insurance Plans; Chamber of Commerce of the United States of America, Amici Curiae,

American Association of People with Disabilities; The Arc of the United States; Breast Cancer Action; Families USA; Friends of Cancer Research; March of Dimes Foundation; Mental Health America; National Breast Cancer Coalition; National Organization for Rare Disorders; National Partnership for Women and Families; National Senior Citizens Law Center; National Women's Health Network; The Ovarian Cancer National Alliance; American Nurses Association; American Academy of Pediatrics, Incorporated; American Medical Student Association; Center for American Progress, d/b/a Doctors for America; National Hispanic Medical Association; National Physicians Alliance; Constitutional Law Professors; Young Invincibles; Kevin C. Walsh; American Cancer Society; American Cancer Society Cancer Action Network; American Diabetes Association; American Heart Association; Dr. David Cutler, Deputy, Otto Eckstein Professor of Applied Economics, Harvard University; Dr. Henry Aaron, Senior Fellow, Economic Studies, Bruce and Virginia MacLaury Chair, The Brookings Institution; Dr. George Akerlof, Koshland Professor of Economics, University of California-Berkeley; Dr. Stuart Altman, Sol C. Chaikin Professor of National Health Policy, Brandeis University; Dr. Kenneth Arrow, Joan Kenney Professor of Economics and Professor of Operations Research, Stanford University; Dr. Susan Athey, Professor of Economics, Harvard University; Dr. Linda J. Blumberg, Senior Fellow, Urban Institute, Health Policy Center; Dr. Leonard E. Burman, Daniel Patrick Moynihan Professor of Public Affairs, The Maxwell School, Syracuse University; Dr. Amitabh Chandra, Professor of Public Policy, Kennedy School of Government, Harvard University; Dr. Michael Chernew, Professor, Department of Health Care Policy, Harvard Medical School; Dr. Philip Cook, Dr. Philip Cook, ITT/Sanford Professor of Public Policy, Professor of Economics, Duke University; Dr. Michael T. French, Professor of Health Economics, University of Miami; Dr. Claudia Goldin, Henry Lee Professor of Economics, Harvard University; Dr. Tal Gross, Department of Health Policy and Management, Mailman School of Public Health, Columbia University; Dr. Jonathan Gruber, Professor of Economics, MIT; Dr. Jack Hadley, Associate Dean for Finance and Planning, Professor and Senior Health Services Researcher, College of Health and Human Services, George Mason University; Dr. Vivian Ho, Baker Institute Chair in Health Economics and Professor of Economics, Rice University; Dr. John F. Holahan, Ph.D., Director, Health Policy Research Center, The Urban Institute; Dr. Jill Horwitz, Professor of Law and Co-Director of the Program in Law & Economics, University of Michigan School of Law; Dr. Lawrence Katz, Elisabeth Allen Professor of Economics, Harvard University; Dr. Genevieve Kenney, Senior Fellow, The Urban Institute; Dr. Frank Levy, Rose Professor of Urban Economics, Department of Urban Studies and Planning, MIT; Dr. Peter Lindert, Distinguished Research Professor of Economics, University of California, Davis; Dr. Eric Maskin, Albert O. Hirschman Professor of Social Science at the Institute for Advanced Study, Princeton University; Dr. Alan C. Monheit, Professor of Health Economics, School of Public Health, University of Medicine & Dentistry of New Jersey; Dr. Marilyn Moon, Vice President and Director Health Program, American Institutes for Research; Dr. Richard J. Murnane, Thompson Professor of Education and Society, Harvard University; Dr. Joseph P. Newhouse, John D. MacArthur Professor of Health Policy and Management, Harvard University; Dr. Len M. Nichols, George Mason University; Dr. Harold Pollack, Helen Ross Professor of Social Service Administration, University of Chicago; Dr. Matthew Rabin, Edward G. and Nancy S. Jordan Professor of Economics, University of California-Berkeley; Dr. James B. Rebitzer, Professor of Economics, Management, and Public Policy, Boston University School of Management; Dr. Michael Reich, Professor of Economics, University of California at Berkeley; Dr. Thomas Rice, Professor, UCLA School of Public Health; Dr. Meredith Rosenthal, Department of Health Policy and Management, Harvard School of Public Health; Dr. Christopher Ruhm, Professor of Public Policy and Economics, University of Virginia; Dr. Jonathan Skinner, Professor of Economics, Dartmouth College, and Professor of Community and Family Medicine, Dartmouth Medical School; Dr. Katherine Swartz, Professor, Department of Health Policy and Management, Harvard School of Public Health; Dr. Kenneth Warner, Dean of the School of Public Health and Avedis Donabedian Distinguished University Professor of Public Health, University of Michigan; Dr. Paul N. Van De Water, Senior Fellow, Center on Budget and Policy Priorities; Dr. Stephen Zuckerman, Senior Fellow, The Urban Institute; Janet Cooper Alexander, Frederick I. Richman Professor of Law, Stanford Law School; Erwin Chemerinsky, Founding Dean, University of California-Irvine School of Law; Amanda Frost, Professor of Law, American University Washington College of Law; Andy Hessick, Associate Professor of Law, Arizona State University Sandra Day O'Connor College of Law; A.E. Dick Howard, White Burkett Miller Professor of Law and Public Affairs, University of Virginia School of Law; John Calvin Jeffries, Jr., David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law; Johanna Kalb, Assistant Professor, Loyola University New Orleans College of Law; Lumen N. Mulligan, Professor of Law, University of Kansas School of Law; Edward A. Purcell, Jr., Joseph Solomon Distinguished Professor of Law, New York Law School; Caprice L. Roberts, Professor, Visiting Professor, Catholic University Columbus School of Law; Professor of Law, University of West Virginia School of Law; Stephen I. Vladeck, Professor of Law, American University Washington College of Law; Howard M. Wasserman, Associate Professor, FIU College of Law; AARP; Commonwealth of Massachusetts; The National Women's Law Center; American Association of University Women; American College of Nurse-Midwives; American Federation of State, County, and Municipal Employees; American Medical Women's Association; The Asian American Justice Center; Asian & Pacific Islander American Health Forum; The Asian Pacific American Legal Center; The Black Womens Health Imperative; The Coalition of Labor Union Women; Childbirth Connection; The Connecticut Women's Education and Legal Fund; The Feminist Majority Foundation; IBIS Reproductive Health; Institute of Science and Human Values; Maryland Women's Coalition for Health Care Reform; Mental Health America; National Asian Pacific American Women's Forum; National Association of Social Workers; National Coalition for LGBT Health; National Council of Jewish Women; National Council of Women's Organizations; National Latina Institute for Reproductive Health; The National Research Center for Women & Families; Older Women's League; Physicians for Reproductive Choice and Health; Raising Women's Voices; Sargent Shriver National Center on Poverty Law; Southwest Women's Law Center; Wider Opportunities for Women; The Womens Law Center of Maryland, Incorporated; Womens Law Project; Virginia Organizing; American Hospital Association; Association of American Medical Colleges; Catholic Health Association of The United States; Federation of American Hospitals; National Association of Children's Hospitals; National Association of Public Hospitals and Health Systems; Constitutional Accountability Center; Matthew H. Adler, Leon Meltzer Professor of Law, University of Pennsylvania Law School; Rebecca L. Brown, Newton Professor of Constitutional Law, University of Southern California Gould School of Law; Jesse Herbert Choper, Earl Warren Professor of Public Law, University of California, Berkeley, School of Law; Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University Law School; Daniel Farber, Sho Sato Professor of Law, University of California, Berkeley, School of Law; Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University School of Law; William P. Marshall, Kenan Professor of Law, University of North Carolina School of Law; Gene Nichol, Professor of Law, Director, Center on Poverty, Work & Opportunity, University of North Carolina School of Law; William J. Novak, Professor of Law, The University of Michigan Law School; Richard H. Pildes, Sudler Family Professor of Constitutional Law, Co-Director, Center on Law and Security, New York University School of Law; Richard A. Primus, Professor of Law, The University of Michigan Law School; Judith Resnik, Arthur Liman Professor of Law, Yale Law School; Theodore W. Rugar, Professor of Law, University of Pennsylvania Law School; Robert A. Schapiro, Professor of Law, Emory University School of Law; David L. Shapiro, William Nelson Cromwell Professor, Emeritus, Harvard Law School; Suzanna Sherry, Herman O. Loewenstein Professor of Law, Vanderbilt University Law School; Neil S. Siegel, Professor of Law and Political Science, Duke University School of Law; Peter J. Smith, Professor of Law, George Washington University Law School; Adam Winkler, Professor of Law, UCLA School of Law; State of California; State of Connecticut; State of Delaware; State of Hawaii; State of Iowa; State of Maryland; State of New York; State of Oregon; State of Vermont; Christine Gregoire, Governor of Washington; Service Employees International Union; Change to Win, Amici Supporting Appellant,

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