Nick Coons v. Jacob Lew

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICK COONS; and ERIC N. NOVACK, No. 13-15324

M.D.,

Plaintiffs-Appellants, D.C. No. 2:10-cv-01714- v. GMS

JACOB L. LEW, in his official capacity as Secretary of the United OPINION 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.

Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding

Argued and Submitted June 10, 2014—San Francisco, California

Filed August 7, 2014 Before: Mary M. Schroeder, Susan P. Graber, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Graber

SUMMARY*

Patient Protection and Affordable Care Act

The panel affirmed in part and vacated in part the district court’s judgment in favor of federal officials in a case brought by two Arizona citizens alleging a…