Goudy-Bachman v. U.S. Department of Health and Human Services

District:

Middle District of Pennsylvania

Plaintiffs:

Barbara Goudy-Bachman and Gregory Bachman

Defendants:

U.S. Department of Health and Human Services, Kathleen Sebelius, U.S. Department of the Treasury, and Timothy Geithner

Judge:

Christopher C. Conner

Case number:

1:10-cv-00763

Details:

Plaintiffs challenge the individual mandate provision of PPACA on Commerce Clause grounds and as violative of the Takings Clause of the Fifth Amendment.

Status: On June 14, 2010, the Defendants filed a Motion to Dismiss the Complaint.  On January 24, 2011, the Court denied the Defendants' Motion to Dismiss. On June 21, 2011, Defendants filed a Motion for Summary Judgment.  On July 6, 2011, Plaintiffs also filed a Motion for Summary Judgment.

On September 13, 2011, the Court ruled in favor of the Plaintiffs, stating that the individual mandate is unconstitutional, and that the minimum coverage provision, guaranteed issue, and preexisting condition provisions must also be severed from the Act and stricken.  The Court ruled that the rest of the law could stand.

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GoudyBachmanvDHHS.pdf

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