Nick Coons v. Jacob Lew

Plaintiffs Nick Coons and Eric N. No-vack brought a facial constitutional challenge to two provisions of the Patient Protection and Affordable Care Act, Pub.L. No. 111-148, 124 Stat. 119 (2010), as amended by Health Care and Education Reconciliation Act of 2010, Pub.L. No. 111-152, 124 Stat. 1029 (“Affordable Care Act”): the individual mandate, which re quires that individuals maintain a minimum level of health insurance coverage or pay a penalty; and the establishment of the Independent Payment Advisory Board (“IPAB”), a new advisory board charged with issuing budget recommendations for the Medicare program in the event that the program exceeds growth projections. Plaintiffs also sought a declaration that the Arizona Health Care Freedom Act (“Arizona Act”), which amends the Arizona constitution to make it lawful to abstain from purchasing health insurance without paying any penalty, is not preempted by the Affordable Care Act. After the Supreme Court issued National Federation of Independent Business v. Sebelius, — U.S. -, 132 S.Ct. 2566 , 183 L.Ed.2d 450 (2012), the district court dismissed Plaintiffs’ claims and entered judgment for Defendants Timothy Geithner,…