Baldwin

Steve Baldwin and the Pacific Justice Institute challenge the constitutionality of the so-called “individual mandate” provision in the Patient Protection and Affordable Care Act, Pub.L. No. 111-148, 124 Stat. 119 (2010). That provision takes effect in 2014 and requires those who are non-exempt to maintain qualifying health insurance or pay a penalty. See Act, § 1501, 124 Stat. 119 , 242-49. Baldwin objects to this provision but fails to allege that he does not have qualifying health insurance or that he will not have it in 2014. The Institute also objects but fails to allege that the “individual mandate” applies to it or that it has enough employees to be subject to the analogous “shared employer responsibility” provision. See Act, § 1513, 124 Stat. 119 , 253-56 (requiring employers with over 50 full-time employees to offer a health plan to full-time employees or else pay a fíne). The district court held that neither had alleged an injury in fact sufficient to confer standing. We agree.

I

We need to address another jurisdiction issue, in addition to standing, at the outset. Unfortunately the notice of appeal was filed before judgment was entered. The district court…