Dismissed Cases: Appeals Abound
04/29/11
By Hadley Heath
In Missouri, Kinder v. Department of Treasury was dismissed Tuesday. Judge Rodney Sippel threw the case out, ruling that Kinder and the other Plaintiffs did not have standing to bring their case. He also said their claims were not ripe to be heard.
Kinder originally attempted to bring this case in his official capacity as Missouri’s Lieutenant Governor. When the state AG filed a Motion to Intervene, Kinder changed his status as Plaintiff to “individual capacity” rather than “official capacity.” This complicated his claims, however, several of which focused on federalism and the states’ rights to their own free political agendas, and the limitation that prohibits the federal government from imposing a direct tax on states.
The good news is this: This dismissal is due to a problem with standing/ripeness, not the merits of the case.
Other dismissed cases include (but are not limited to):
- Liberty University – The Fourth Circuit Court of Appeals in Richmond will hear this case on May 10.
- Thomas More Law Center v. POTUS – This case is now headed to the Sixth Circuit Court of Appeals in Cincinnati, to be heard June 1.
- New Jersey Physicians v. Obama – This case is now in the Third Circuit Court of Appeals.
- Baldwin v. Sebelius – This case is now in the Ninth Circuit Court of Appeals.
- Mead v. Holder – This case is now in the D.C. Circuit of Appeals.
- Purpura v. Sebelius – This case was just dismissed on April 21. Check back with HealthCareLawsuits.org to see if Plaintiffs file for an appeal.
Also notably, the cases in Virginia and Florida (that saw success at the district court level) are heading to appeals courts:
- Virginia v. Sebelius – The Fourth Circuit will hear this case on the same day as the Liberty University case, May 10.
- Florida v. DHHS – The Eleventh Circuit will hear this case on June 8.
It will definitely be an interesting summer season for the several circuits that hear these cases. There may be wins, there are bound to be losses, but there will really be no final word until one of these suits makes it to the Supreme Court.
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